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

The post-colonial authorities and apartheid governments officially recognised African customary law by codifying it in legislation.

The Constitution of 1996 determines that courts must apply African customary law, except if it is contrary to the Constitution.

Dutch authorities did not interfere with the customary laws of indigenous African tribes when they arrived at the Cape in the 17^th century.