Case Law as an Authoritative Source of Customary Law: Piecemeal Recording of (Living) Customary Law? [2019] PER

A Customary Right To Fish When Fish Are Sparse: Managing Conflicting Claims Between Customary Rights And Environmental

translation" and contextualisation of value: Rethinking the development of customary law in Mayelane

man in a civil marriage concluded a customary marriage, the customary marriage was null and

The Methodology Used to Interpret Customary Land Tenure [2012] PER 39 About SAFLII Databases Search Terms of

Rights and African Customary Law (Juta Cape Town 1999) Bennett Customary Law Bennett TW Customary Law in South

and customary marriages. 16 On 15 November 2000 the Recognition of Customary Marriages Act 120 of

for black communities. First, the Recognition of Customary Marriages Act [20] defines customary law as "the

The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community

The Customary Anatomy of the Traditional Governance of the Bafokeng Traditional Community

of laws in which parliamentary statutes and common law were preferred over customary law. 'Living' customary law

2.1    Adjudication on discriminatory customary rule The position of the customary law discussed above was

Engaging with African Customary Law: Legal History in Contemporary South Africa (Editorial:Special Edition) [2017] PER 24 About

party to a customary marriage without specific consent to be married under customary law should be able

party to a customary marriage without specific consent to be married under customary law should be able

the deceased was married under customary law, or was otherwise subject to native law, customary law applies. A

focus for "lawyers' customary law" that represents the former and "sociologists' customary law" that represents the

BOOK REVIEW: Secher U Aboriginal Customary Law: A Source of Common Law Title to Land

institutionalised historical subjugation of customary law The constitutional recognition of customary law, which RaoRane refers

The Protection of Fundamental Rights in the Netherlands and South Africa Compared: Can

and the regulations purports to give effect to the customary law of succession

Adoption" [2009] PER 3 "Reflections on the Biowatch Dispute – Reviewing the fundamental rules on costs In

5 A critique of the judicial attitude towards matrimonial property rights under customary law in Nigeria

subject to the Constitution and any legislation that specifically deals with customary law." Customary law is

of the Constitution were also affected. [11] Legality [17]   Legality is a fundamental constitutional value. The

J --- "Improving Compliance with Section 4(1) of the Recognition of Customary Marriages Act 120 of

3) of the Constitution in the Development of Customary Law Values in

is arguably the most important judgment concerning the recognition of customary marriages in recent

the Constitution , section 211(3) provides for the "application of customary law by the

19 pandemic [Volume 21 No 2] [2021] AHRLJ 36 Tension between the individual's fundamental human rights and

the High Court of Botswana declared the Ngwaketse rule of customary law, which provides that

of every situation is considered and the rule tested against the customary values. Customary systems are

through direct contact, without interference. Keywords Orocowewin notcimik itatcihowin ; Atikamekw Nehirowisiw code of practice; customary law; territorial knowledge; Atikamekw

in various constitutional challenges and litigations. KEYWORDS: Traditional Courts Bill; traditional justice systems; customary law; ascertainment; legal representation

of Hearing: 6 December 2007 Date of Judgment: 13 June 2008 THERON J [1] Customary marriages concluded after the

the Supreme Council have the power to take such decision under customary law, and if

marriage must be negotiated and entered into or celebrated in accordance with customary law”. Customary law may

in customary law The manner of enforcing lobolo agreements in customary law varies among different

marriage, apart from the existing forms of marriage such as civil or customary marriages. 3 This new

a customary marriage must be negotiated and entered into in accordance with customary law. Customary marriages include

to recognise the diverse forms of tenure that have crystallised under customary law, but reinforce them

would be when a conflict arises between the Act and customary law. [76] Customary and

or her status is regarded and recognised in terms of customary law and customs

exclusion that indigenous peoples and their women encounter daily. [4] Related studies reveal that customary practices have implanted patriarchal

dispute is the question of whether there had been a customary marriage between Mr Blayi

nature of this order relates to the fact that it contains certain fundamental substantive and structural

The ICD confirmed that Kwoyelo allegedly committed certain crimes in violation of customary international law. Customary international

And Z…..] [J….] ...................................................................................................................... RESPONDENT REASONS Date delivered: 2 September 2015 MOKGOHLOA J [1] ‘ The fundamental shift that occurred when

HAMBUKUSHU TRADITIONAL AUTHORITY ......................... 2 ND RESPONDENT THE CHAIRPERSON OF THE HAMBUKUSHU CUSTOMARY COURT ....................................................................... 3 RD RESPONDEN

the historical and contemporary influence of African traditional religion and customary law that have shaped

not without criticism, the Interpretive Guide aims to respect the customary IHL distinction between " direct

rights and property rights are not always a part of indigenous customary law. Both TK and

of the fact that s34 of the Constitution enshrines a fundamental right of access

by the home state of the alien, thus raising state responsibility. Customary international law never developed

that the effective implementation of child soldier prohibitive norms does not require fundamental changes to any

of Law, University of Fort Hare     1                 INTRODUCTION Citizenship is a fundamental right required to

that: “ When interpreting any legislation , and when developing the common law or customary law, every court, tribunal

to disregard the immunities of foreign State officials which, under international customary law, attach to

relevant is that the Namibian Constitution guarantees a number of fundamental rights and freedoms

time for human rights obligations to have become part of customary international law. [16] In

Euro-Christian British law, referred to as common law, Islamic law and customary law. 7 The

activist. Well this sentimental introduction is meant to point to something very fundamental. The gendered

of Lesotho can be achieved only through the interpretation of the fundamental rights as well as

will inevitably increase, especially in a time when citizens from different social, cultural, customary or religious backgrounds and

of the decision on similar claims vis-à-vis civil unions and customary marriages. Thirdly, although the

the highest attainable standard of health is one of the fundamental rights of every

debates informed by philosophic perceptions and realities in Africa. The fundamental premise upon which the

the protection of such a communities' right to their customary land. [39] The

Foreign Law may be considered. In the Constitution there are also more specific fundamental human rights relating to

the foregoing notwithstanding, he still remains incarcerated, which constitutes an unlawful denial of his fundamental right to liberty

right to culture in national constitutions and the recognition that customary law is a

in a condominium scheme is considered part of the ordinary or customary enjoyment of residential

of the Constitution. These objections relate to various matters pertaining to customary law, customary courts and

only of those rights of which it is universally accepted that they constitute "fundamental" rights, fundamental freedoms and

the enjoyment of the right to health is a fundamental right of all

http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6856 Abstract The South African customary land tenure system is

significant problem with the Panel's approach is that it ignored a fundamental rule of treaty

be 09h45 on Wednesday the 27 th day of May 2020. Summary: Customary marriage – later civil marriage

all bills of rights. 1.2 Horizontality may contradicts CP II, which requires that fundamental rights must be ‘provided

as intercourse between persons not married to one another or living in customary union – differences between such

the late M S M identity number [6……..] in terms of customary law on the

only arts and letters but also modes of life, the fundamental rights of the

it to qualify for protection under this Bill, neither of these fundamental concepts is defined in

and to walk humbly with your God.’ 7 This is the most fundamental insight the Jewish

recession to totalitarian rule, as well as safeguard the democratic and fundamental rights protection gains that

and the second meaning of culture seems relevant to African customary law. [43] Another attempt

system into a new era, by including a bill of fundamental human rights (Bill of

person. Mr Obbes appeared on behalf of the respondents. [5] Though it is customary to first

a constitutional obligation not to perform any act which infringes upon the fundamental rights protecting plaintiffs and

Ghana provides in Chapter 5 for the protection of fundamental human rights and

2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal

AJ in Cool Ideas v Hubbard [20] should be considered: “ [28]    A fundamental tenet of statutory

universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms’. 38  Thus, quite

relevant to the issue are as follows:-   Applicant states that she was married under customary law to the

relevant "when interpreting any legislation, and when developing the common law or customary law". Courts of

fees" [2020] DEJURE 2 Maunatlala, K & Maimela, C --- "The implementation of customary law of succession

approach is more acceptable. In this regard, a number of fundamental differences between the

to create a society based on democratic values, social justice and fundamental human rights. [7] The

of representing the people of Western Sahara. One of its fundamental objectives is to

the Convention for the Protection of Human Rights and Fundamental Freedoms, also known as