Is customary law Recognised in South Africa?

Is customary law Recognised in South Africa?

Customary Law in South Africa The 1994 Constitution recognized customary law as being of equal status with common law. s. 39 (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.

How is customary law applied in South African courts?

on the application of Customary law’. Section 211(3) of the Final Constitution places a duty on the courts to apply customary law. It provides that ‘[t]he courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law’.

What are 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 characteristics of customary law?

Flexibility: The unwritten feature of customary has also made it very flexible. By saying that customary law is flexible it means that the law is dynamic; not static. Apparently, the reason why customary law is dynamic is because it is not contained in any document.

What is the importance 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. Customary law: Gives women less power than men.

What does Repugnancy mean?

In common law, repugnancy refers to a contradiction or inconsistency between clauses of the same document, deed, or contract, or between allegations of the same pleading.

What does repugnant mean in law?

REPUGNANT. That which is contrary to something else; a repugnant condition is one contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that you shall not aliens, the condition is repugnant and void.

Can a person be repugnant?

An example of repugnant is someone doing something that is inconsistent with what they have said they were going to do. An example of repugnant is a person who opposes a specific political position. Offensive or repulsive; arousing disgust or aversion.

What is reprehensible behavior?

Reprehensible is a strong word describing behavior that should evoke severe criticism. Blameworthy and blamable apply to any kind of act, practice, or condition considered to be wrong in any degree (“conduct adjudged blameworthy”; “an accident for which no one is blamable”).

What does morally reprehensible mean?

adjective [usu v-link ADJ] If you think that a type of behavior or an idea is very bad and morally wrong, you can say that it is reprehensible.

What is an antonym for mistake?

antonyms of mistake

• accuracy.
• correction.
• correctness.
• perfection.
• remembrance.
• soundness.
• success.
• certainty.