Variations in the adoption of children: African versus Western Jurisprudence

Abstract

During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, the validity of the imposed European laws is vitiated by the use of violence on indigenous people through colonisation. Indeed, this is the basis on which common law (Roman-Dutch law and Roman law) was imposed on South Africa. As a result, customary law has been subordinated and denigrated through colonial legislation, which relegated it, through the repugnancy clause, to be inferior to the common law.