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Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 96 for “"Customary law"”.
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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 …
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The administration of customary law estates post the enactment of the reform of customary law of succession act: a case study from rural Eastern Cape, South Africa
… September 2010 brought into force the Reform of Customary law of Succession and Regulation of Related Matters Act 11 of 2009 (the Reform Act). The Act regulates the devolution of property of individuals who live according to customary law and die intestate. The notorious customary law principle …
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Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960
This thesis explores the ways in which customary law affected the women of the St. Marks district, Transkei between 1940 and 1960. In particular, it examines how women worked within and through customary law and the customary law courts in order to obtain redress for their problems. The thesis …
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Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom
This study looks into the ways in which official customary law addresses succession complexities and legitimacy in woman-to-woman marriages. The social, political, cultural and legal background against which these marriages are concluded show the history of succession in woman-to-woman marriages …
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Analysis of the Nigerian Supreme Court's constitutional duty regarding women's inheritance right under customary law
Customary law existed before the enactment of formal laws to govern the affairs of Nigerians. It started as behavioural norms that grew to be widely accepted by the community and became law. Inheritance rights are recognised under Nigerian customary law. Most customs provided for a way in which a …
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Appropriate dispute resolution for women married under customary law in Malawi, with special reference to marital violence
… alongside court processes. However, in Malawi, rural citizens face the barriers of language and use of English law-orientated procedures when accessing courts. Furthermore, some customary law practices and statutory law provisions encourage the view that mediation in marital violence …
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An analysis of the impact of the right to equality on the South African customary law and legislation
… as to what impact the Constitution has on customary law and legislation that conflict with the right to equality as enshrined in its Bill of Rights. In order to achieve the aim, primary data was collected from key informants and the available literature. Upon analysis of the data, the …
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Traditional leadership in South Africa: a critical evaluation of the constitutional recognition of customary law and traditional leadership
… of this study were to identify the role that customary law and traditional leadership can play, without compromising their current positions or future recognition through legislation, in creating a better life for their constituents. The study analysed diverse issues such as legislative …
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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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Effects of Customary Law in Widows’ Inheritance Rights to Matrimonial Properties at Ruanda Ward in Mbeya City, Tanzania
This study investigated the effects of customary law on widows‟ inheritance rights in matrimonial properties. The study sampled a total of 120 respondents using simple random, purposive and snow ball sampling techniques. Data were collected using questionnaires on a face to face, interview, …
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Effects of Customary Law in Widows’ Inheritance Rights to Matrimonial Properties at Ruanda Ward in Mbeya City, Tanzania
This study investigated the effects of customary law on widows‟ inheritance rights in matrimonial properties. The study sampled a total of 120 respondents using simple random, purposive and snow ball sampling techniques. Data were collected using questionnaires on a face to face, interview, …
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Judicial recognition of living customary law in the context of women's matrimonial property rights in South-East Nigeria
The interaction of customary law with state law raises challenges for policy-makers in postcolonial societies. This study contends that these challenges are primarily caused by state recognition of customary law without proper attention to how people adapt it to modern conditions vastly different …
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The distortion of the meaning of bride wealth: significance for the evolution of living customary law in southern Nigeria
… for the interaction of the received English law, statutory law, and customary law. Bride wealth, an important aspect of customary law in southeast Nigeria, symbolises the bride’s worth to her family, as well as a bond between the bride and groom’s families. The changes introduced by colonial …
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Constructing equality: developing an intersectionality analysis to achieve equality rights for the girl child subject to South African customary law
… to the coexisting systems of common and customary law that are rooted in Western and post-colonial African cultures, respectively. It follows that a full understanding of the different legal and social contexts in which a rights claimant lives is critical to the achievement of substantive …
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Customary governance and expressions of living customary law at Dwesa-Cwebe: contributions to small-scale fisheries governance in South Africa
Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the …
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An analysis of the process of ascertainment and application of customary law in the formal institutions of adjudication: Nigeria and South Africa
… do not easily have access to the contents of customary law they are required to apply in the course of adjudication and this has been a major challenge. This thesis examines the processes that courts adopt in the ascertainment and application of living customary law in Nigeria and South Africa …
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The legal Implications of colonialism on patrilineal succession to traditional leadership in South Africa
Customary law has been a cornerstone of African legal systems for centuries; it governs social relationships, especially succession. The legacy of colonialism has had a profound impact on African legal systems, particularly in the realm of customary law. Such imposition of foreign values and norms …
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