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

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

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

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

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

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

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

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

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 customary law, to which we now turn. 2 4 INDIGENOUS LAW VERSUS CUSTOMARY LAW Ordinarily, customary law

van Niekerk, GJ --- "Orality in African customary- and Roman law of contract: a comparative

National Party Proposals Regarding Constitutional Principle Ii (Fundamental Rights and Freedoms) [1995] ZAConAsmRes 192 (23 January 1995) About SAFLII

of all minors, including those who are governed by the principles of customary law; and to

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

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

Recognition of Customary Marriages Act. This entails an assessment of whether certain fundamental rituals and practices

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

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

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

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

and establish a society based on democratic values, social justice and fundamental human rights; Lay 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

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

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

to be affected thereby; and (iv) give further content to the fundamental rights set out in

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

in the following terms: 1. Cancelling the registration of a customary marriage between the

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

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

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

where all may flourish; South Africa also has international obligations under binding treaties and customary international law in

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

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

recognition of the validity and existence of the customary marriage between the

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

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

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

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

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

to this provision is section 211(3) which provides that a court must apply customary law when customary law

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

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

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

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

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

Council 1983 (4) SA 287 (W) ) As Wiechers Administrative Law (1985) points out, the fundamental question is whether non

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

respondent to commence its annual shut down on 16 December 1998 with the customary level of product

seeks the following relief: “ (1)      That it is hereby declared that a customary marriage exists between the

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

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

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