Customary Law Legislation (The Constitution (S 31 Bill of Rights…
Customary Law Legislation
S 31 Bill of Rights
Recognises cultural autonomy
Recognises the existence of traditional leadership
Courts must apply customary law when that law is applicable, subject to the constitution and any legislation that specifically deals with customary law
When developing customary law the court must promote the spirit, purport and objects of the Bill of Rights
The equality clause
The Law of Evidence Amendment Act 45 of 1988
Uses term 'indigenous law', which it defined as 'the Black law or customs applied by the Black tribes'
All courts are empowered to apply customary law.
Seems to give indigenous law a similar status to foreign law
Says that a court may take notice of indigenous law in so far as such law can be:
With sufficient certainty
Not opposed to public policy or the principles of natural justice