This paper examines what topics are dealt with in matrimonial cases before the local courts in Zambia and, to some extent, what topics in customary law relating to marriage are not dealt with in such cases. It does not explore the conceptual limits of a definition of customary law, nor does it imply that the adjudications of local courts are the only source from which to establish customary law relating to marriage. The scope of matrimonial cases is here taken to include the formation, duration and termination of marriage, but to exclude succession after the death of a spouse. Quantified data are derived from all cases heard in the local courts of Zambia during the year 1968, or from samples drawn from them. Approximately 32,000 matrimonial cases as here defined were heard by these local courts in 1968. Local courts are the courts established under the Local Courts Act of 1966, which replaced the former native courts.

This article offers some perspectives on the concept of “custom” in Lesotho, more particularly in the Court of the Judicial Commissioner on the one hand, and in the Basotho Courts on the other. The period reviewed is that from 1944 to 1968. The history and structure of the courts in Lesotho are not rehearsed, since good accounts exist in accessible publications.