Search results
Results from the WOW.Com Content Network
Most African states follow a pluralistic form of law that includes customary law, religious laws, received law (such as common law or civil law) and state legislation. [2] The South African Constitution recognizes traditional authority and customary law under Section 211. [ 3 ]
Comparatively, the primary sources of South Africa law were Roman-Dutch and English Common law, imports of Dutch settlements and British colonialism, which is sometimes termed Anglo-Dutch law. Hence, pluralistic systems were devised by nations that combined the customary law, inherited penal codes and religious laws depending on the ancestral ...
Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; SA Human Rights Commission and Another v President of the RSA and Another [1] was an important case in South African customary law. The case was heard in the Constitutional Court on 2 and 3 March 2004, with judgment handed down on 15 October. Chaskalson CJ, Langa ...
Consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. Zimbabwe: Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).
Customary law is a recognized source of law within jurisdictions of the civil law tradition, where it may be subordinate to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight ...
The rule of African customary law which generally excludes African women from intestate succession was recognised by section 23 of the Black Administration Act [2] and the regulations framed thereunder, especially regulation 2, promulgated on 6 February 1987, in Government Gazette 10601, as Government Notice R200, making black law and custom ...
Countries (in pink) which share the mixed South African legal system. South Africa has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which ...
Namibia has a 'hybrid' or 'mixed' legal system, [1] formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin).