Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa

This study explores access to justice in plural legal systems by examining the integration of customary law and state law in Sub-Saharan Africa. In many African states, legal pluralism is a historical and social reality, with indigenous customary practices coexisting alongside colonial-derived formal legal frameworks. While state law often claims supremacy, customary law remains the primary source of dispute resolution for a significant proportion of the population, especially in rural areas. This case study investigates how the interaction between these two systems affects legal accessibility, fairness, and legitimacy. Through a qualitative case study methodology involving document analysis and secondary data, the research highlights both the complementarities and tensions between the two legal regimes. The findings suggest that harmonizing customary and state law—through mutual recognition, procedural safeguards, and institutional cooperation—can enhance inclusive justice outcomes. However, unresolved issues related to gender equality, due process, and jurisdictional ambiguity persist. The study concludes that plural legal systems, when effectively integrated, offer a promising pathway to justice that is both contextually relevant and socially legitimate

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Publication Details

Journal
Journal of Law Policy and Global Development
Published
2025-06-29
DOI
https://doi.org/10.71305/jlpgd.v1i1.334
Primary Topic
Legal Issues in South Africa
Type
article
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article

Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa

Lindie Mokgadi
Journal of Law Policy and Global Development
Legal Issues in South Africa
article

Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa

Lindie Mokgadi
article en

Abstract

This study explores access to justice in plural legal systems by examining the integration of customary law and state law in Sub-Saharan Africa. In many African states, legal pluralism is a historical and social reality, with indigenous customary practices coexisting alongside colonial-derived formal legal frameworks. While state law often claims supremacy, customary law remains the primary source of dispute resolution for a significant proportion of the population, especially in rural areas. This case study investigates how the interaction between these two systems affects legal accessibility, fairness, and legitimacy. Through a qualitative case study methodology involving document analysis and secondary data, the research highlights both the complementarities and tensions between the two legal regimes. The findings suggest that harmonizing customary and state law—through mutual recognition, procedural safeguards, and institutional cooperation—can enhance inclusive justice outcomes. However, unresolved issues related to gender equality, due process, and jurisdictional ambiguity persist. The study concludes that plural legal systems, when effectively integrated, offer a promising pathway to justice that is both contextually relevant and socially legitimate

Journal of Law Policy and Global DevelopmentVol. 1(1)
University of Venda (ZA)
Openalex Percentile: Top 68%
Legal Issues in South Africa
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Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa — Lindie Mokgadi · Journal of Law Policy and Global Development (2025) | TGRS Research Map | TGRS