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Customary Law Legislation (The Constitution (S 31 Bill of Rights…
Customary Law Legislation
The Constitution
S 31 Bill of Rights
Recognises cultural autonomy
Chapter 12
Recognises the existence of traditional leadership
s 211(3)
Courts must apply customary law when that law is applicable, subject to the constitution and any legislation that specifically deals with customary law
S 39(2)
When developing customary law the court must promote the spirit, purport and objects of the Bill of Rights
S 9
The equality clause
The Law of Evidence Amendment Act 45 of 1988
S 1(4)
Uses term 'indigenous law', which it defined as 'the Black law or customs applied by the Black tribes'
S 1(1)
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:
Ascertained readily
With sufficient certainty
Not opposed to public policy or the principles of natural justice