Today African customary law is largely recorded in writing, for example in legislation, court decisions and textbooks.

In terms of section 211(3) of the Constitution, courts must apply African customary law except if it is found to be contrary with the Constitution.

African customary law is still largely made up of oral or unwritten customs handed down from generation to generation.

An example of official customary law is the Traditional Health Practitioners Act 22 of 2007, which attempts to regulate the practices of traditional healers.