Flashcards on South African Law in Context
South African Law in Context: Transformative, Decolonial & Digital
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Decolonisation
17 cards
Card 1
Question: What is decolonisation in general terms?
Answer: The process of getting rid of colonisation—freeing a country from dependence on colonisers and undoing colonising practices.
Card 2
Question: What does decolonisation mean in the context of law?
Answer: Confronting and challenging colonising practices that influenced the laws and adapting laws to local needs.
Card 3
Question: How do the Criminal Procedure Act 51 of 1977 (CPA) and minimum sentencing legislation relate to colonial practices?
Answer: They reflect colonial and retributive practices; despite post‑1994 amendments, the CPA retains colonial elements like retributive sentencing and minim
Card 4
Question: What broader goal does decolonisation of the legal system entail beyond removing formal colonial structures?
Answer: Dismantling colonial systems and embracing indigenous values, such as ubuntu, to transform practices like sentencing toward restorative approaches.
Card 5
Question: How is ubuntu characterized in relation to justice?
Answer: Ubuntu emphasizes cooperation, character, tolerance, and restorative justice—repairing harm and community involvement—contrasting with Western individ
Card 6
Question: Can ubuntu influence sentencing practices?
Answer: Yes—ubuntu could promote restorative justice over retributive sentencing by encouraging reconciliation, compensation, and community‑based responses.
Card 7
Question: What is Africanisation in the legal system?
Answer: A corrective measure against colonial legacy that seeks to make the legal system more relevant by integrating African legal traditions, philosophy, an
Card 8
Question: What criticisms exist about South Africa's criminal and procedural law prompting calls for Africanisation?
Answer: It is criticized as overly Eurocentric and disconnected from African values and cultures, prompting pressure to integrate African traditions into the
Card 9
Question: Why is replacing the current legal system with customary law considered impractical?
Answer: Because of legislative, constitutional, and international human rights constraints.
Card 10
Question: What comparative approach is proposed as a feasible path for Africanisation of law?
Answer: Comparing African customary law with Western legal principles to identify convergence and divergence and selectively integrate compatible elements.