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Some Notes on the Concept of Custom in Lesotho1
Published online by Cambridge University Press: 28 July 2009
Extract
This article offers some perspectives on the concept of “custom” in Lesotho, more particularly in the Court of the Judicial Commissioner on the one hand, and in the Basotho Courts on the other. The period reviewed is that from 1944 to 1968. The history and structure of the courts in Lesotho are not rehearsed, since good accounts exist in accessible publications.
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- Copyright © School of Oriental and African Studies 1971
References
3 The Basuto Courts were formerly known as Native Courts and are now properly designated Central and Local Courts.
4 The best accounts are those by Lord, Hailey, Native Administration in the British African Territories, Part V, The High Commission Territories, London, H.M.S.O., 1953Google Scholar; and Ramolefe, A. M. R., “Lesotho”, in Allott, A. N. (ed.), Judicial and Legal Systems in Africa, London, 2nd ed., 1970, 248–260, 311.Google Scholar
page 268 note 1 See Hailey, op. cit., 107 ff.
page 269 note 1 Elias, T. O., The Nature of African Customary Law, Manchester, 1956.Google Scholar
page 269 note 2 Schapera, I., “Contract in Tswana case law”, [1965] J.A.L. 142.Google Scholar