Ulpian's praecepta iuris and their role in South African law - Part 2 : Modern-day South African practice

Abstract

This article investigates the role of Ulpian’s praecepta iuris in modern-day South African law against the background of their historical development, as expounded in Part 1 of this contribution. The South African High Court has perceived a link between the African notion of ubuntu and the praecepta iuris. In view of the prevailing legal pluralism, the relevance of these praecepta for African customary law is explored as well as their intersection with the fundamental postulates of African customary law and ubuntu.