Graham Dominy’s blog examines the state of the archives system in South Africa in terms of its constitutional, legal and administrative mandates. This post is s based on a seminar presented at the Public Affairs Research Institute at the University of the Witwatersrand in May
In this post, originally published on Custom Contested Mbongiseni Buthelezi reflects on how history and its making influences contemporary laws and debates about custom. He notes that legal arguments about chieftainship, customary rights and entitlements often make reference to the past and asks:, What is the place of historical research in litigation?’ How do we construct an accurate view of customary practices as they have evolved over time in order to make arguments about customary law? And where might we find the evidence to help us construct such a view?
Mak (from Makhado) describes a task in which he is required to seek out the records held by the Department of Justice in order to settle a rather messy family dispute.