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Showing 1 to 9 of 9 for “"African customary law"”.
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An analysis of the impact of the right to equality on the South African customary law and legislation
… is one of the fundamental goals that South Africans have fashioned for themselves in the current Constitution1 that has an entrenched Bill of Rights. The constitutional order is committed to the transformation of the entire South African society from a grossly unequal society to one in which …
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African customary law and its Impact on the rights of women : A study of South Africa and Lesotho
… were alien forces that changed the trajectory of customary law in the legal systems of South Africa and Lesotho. The effect of this interruption positioned customary law as a secondary legal system, compared to Roman-Dutch Law and English common law, which both form South African and Lesotho …
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Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law
… cultural diversity that is a feature of South African society. The Constitution nevertheless, encourages such diversity, and goes even further to give equal recognition to the coexisting systems of common and customary law that are rooted in Western and post-colonial African cultures, …
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A critical analysis of bilateral (dual) marriages in Zambia
… marriage can be legally contracted under two laws namely African customary law and statutory law. The former is potentially polygamous4 while the latter is monogamous. In terms of validity, a marriage that fulfills the dictates of either law becomes a valid marriage. In practice, however, …
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A critical analysis of the judicial attitude to the right to culture in the context of African customary laws
… to the right to culture in the context of African customary laws in South Africa. Despite the constitutional recognition of customary and common law as equal sources of law, the former is subordinated to Western legal standards in judicial decision-making. The research traces the historical …
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Examining the role of the legislature and judiciary in the context of Traditional and Religious Personal and Family Systems in South Africa
… in the context of traditional and personal law systems. The argument is that they have not. The paper first focuses on the historical context in which the right to culture and freedom of religion arose. The majority African, coloured, and Indian populations were denied these rights which …
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Post-Apartheid Legislative Recognition of Traditional Leaders in South Africa: Weak Legal Pluralism in the Guise of Deep Legal Pluralism An analysis and critique of the legislative framework for the recognition of traditional leadership in South Africa under the 1996 Constitution
… implications for the processes of change within customary law from 'official' customary law to 'living' customary law. The advent of the 1996 Constitution and its emphasis on freedom, dignity, equality and accountability has opened up avenues for democratic political participation, which is …
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Vindicating indigenous peoples' land rights in Kenya
… debate, this thesis adopts the approach of the African Commission on Human and Peoples’ Rights, which is based on identifying the key concerns faced by marginalised communities who self-identify as indigenous peoples. Such an approach assumes that it really does not matter which label attaches …
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The legal implications of customary law adoptions in South Africa
Customary law is an integral part of South African law. Various pieces of legislation were enacted under the Constitution , resulting in the statutory regulation of certain aspects of customary law. The primary rationale for doing so is improving women's and children's lives. However, the …