Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Journal of Law, Policy and Global Development Open Access DRIVERset
Lindie Mokgadi
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa Lindie Mokgadi
Journal of Law, Policy and Global Development Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025
Publisher : Ponpes As-Salafiyyah Asy-Syafi'iyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71305/jlpgd.v1i1.334

Abstract

This study explores access to justice in plural legal systems by examining the integration of customary law and state law in Sub-Saharan Africa. In many African states, legal pluralism is a historical and social reality, with indigenous customary practices coexisting alongside colonial-derived formal legal frameworks. While state law often claims supremacy, customary law remains the primary source of dispute resolution for a significant proportion of the population, especially in rural areas. This case study investigates how the interaction between these two systems affects legal accessibility, fairness, and legitimacy. Through a qualitative case study methodology involving document analysis and secondary data, the research highlights both the complementarities and tensions between the two legal regimes. The findings suggest that harmonizing customary and state law—through mutual recognition, procedural safeguards, and institutional cooperation—can enhance inclusive justice outcomes. However, unresolved issues related to gender equality, due process, and jurisdictional ambiguity persist. The study concludes that plural legal systems, when effectively integrated, offer a promising pathway to justice that is both contextually relevant and socially legitimate
Access To Justice In Plural Legal Systems: A Case Study Of Customary And State Law Integration In Sub-Saharan Africa Lindie Mokgadi
Journal of Law, Policy and Global Development Vol. 1 No. 1 (2025): Vol 1 No 1 June 2025
Publisher : Ponpes As-Salafiyyah Asy-Syafi'iyyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71305/jlpgd.v1i1.334

Abstract

This study explores access to justice in plural legal systems by examining the integration of customary law and state law in Sub-Saharan Africa. In many African states, legal pluralism is a historical and social reality, with indigenous customary practices coexisting alongside colonial-derived formal legal frameworks. While state law often claims supremacy, customary law remains the primary source of dispute resolution for a significant proportion of the population, especially in rural areas. This case study investigates how the interaction between these two systems affects legal accessibility, fairness, and legitimacy. Through a qualitative case study methodology involving document analysis and secondary data, the research highlights both the complementarities and tensions between the two legal regimes. The findings suggest that harmonizing customary and state law—through mutual recognition, procedural safeguards, and institutional cooperation—can enhance inclusive justice outcomes. However, unresolved issues related to gender equality, due process, and jurisdictional ambiguity persist. The study concludes that plural legal systems, when effectively integrated, offer a promising pathway to justice that is both contextually relevant and socially legitimate
Co-Authors