What are the general characteristics of African customary law?
African Customary Law (ACL) is further protected within the Bill of Rights, most notably under the right to freedom, belief and opinion (s 15), the individual right to language and culture (s 30) as well as the collective right pertaining to cultural, religious and linguistic communities (s 31).
What are the types of customary law?
There are as many customary laws in the country as there are communities. In most communities, women are not entitled to land in their own right under the customary law that operates in most of the indigenous areas (21). Three marriage types are recognized in the country: customary, religious and civil law marriages.
What are the characteristics of indigenous customary law?
Indigenous customary law developed over time from accepted moral norms within Indigenous societies. They regulate human behaviour, mandate specific sanctions for non-compliance, and connect people with the land and with each other, through a system of relationships.
What is the role of customary law?
For many people, customary law is the most important law in their lives, controlling areas of their lives like their marriages, their property, and their right to inherit. But some customary laws discriminate and make people vulnerable to HIV and AIDS.
What are the sources of customary law?
Primarily, customary law is that body of law deriving from local customs and usages of traditional Africa. As a source of law in the Anglophonic Africa customary law now includes Islamic law, and only those local customs which are not repugnant to “natural justice, equity and good conscience.”
How do you prove customary law?
The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.
What are the test of validity of customary law?
(iv) The British administration permitted the application of the rules of customary law provided they pass a general test of validity: not repugnant to natural justice, equity and good conscience or incompatible either directly or by implication with any law for the time being in force.
What is Repugnancy test of customary law?
The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.
What is customary court?
Area and Customary Courts as the Courts that are established by individual states to exercise summary jurisdiction over native persons only; they are to apply native Law and Custom prevailing within their judicial districts in both civil and criminal matters, but punishments given by them should not be repugnant to
David Nilsen is the former editor of Fourth & Sycamore. He is a member of the National Book Critics Circle. You can find more of his writing on his website at davidnilsenwriter.com and follow him on Twitter as @NilsenDavid.