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Abstract

In Sub-Saharan Africa there does not exist only one legal system, but rather several, diverse ones. They are based on three different legal sources which were consecutively founded and which have each reciprocally influenced one another:
Firstly, the pre-colonial law: The pre-colonial (or traditional) law was a combination of customary law and Islamic rules. Its aim was not to reach a decision but rather to pacify the disputing parties. This helped maintain cohesion within the community at large. As the traditional law in Sub-Saharan Africa was competent in all spheres of life, the village was invited to assist the case.
Secondly, the colonial law: Between November 15th 1884 and February 26th 1885 Chancellor Bismarck organised a conference in Berlin which divided Africa amongst the colonial powers. Thereafter, Great Britain administered its colonies using English law by indirect rule, while France applied to its colonies the principle of direct rule. The English system applied the law of Great Britain in all its totality in the new colonies, whereas the French system only applied some elements of French law – generally those most suitable to each colony. The other colonial powers also applied laws to their colonies, and, in so doing, used the same principle in applying their laws as the French.
Finally, the post-colonial law: This came into force after colonial independence was achieved. However, the majority of newly independent governments did not adopt new laws in the ex-colonies, instead allowing for a fluent transformation of the modern colonial law into the modern national law. In all Sub-Saharan African countries both systems exist today – the system based on the traditional law, which is most often used, and the system based on modern law, which, nevertheless, has priority over traditional law. Consequently my goal is to carry out scientific research on the systems of law in Sub-Saharan-Africa, which will permit the legislature to create a traditional law which will have the same importance as the modern law.