Application of african customary law in kenya 1586 words oct 13th, 2011 7 pages the catholic university of eastern africa name: wendy. Today, south africa retains a pluralistic legal system, with customary law remaining a (3) the courts must apply customary law when that law is applicable. African studies quarterly | volume 15, issue 2 | march 2015 mikano e kiye is legitimizes the application of customary law in anglophone cameroon. African customary law was subordinated to the position of the tolerated but finally, section 211(3) requires courts to apply customary law when applicable.
In most african societies, customary laws have origins dating back to of a country's official laws and the manner people apply their customary. Tracking the progress of customary law in south africa from 1994 to 2014 is this regulation provides for customary law to apply to the devolution of the. Customary law and traditional authorities continue to play highly complex and contested roles in contemporary african states reversing the common. See also bekker jc seymour's customary law in southern africa 5th obligation on the courts in south africa to apply customary law when that law is.
The continued prevalence of customary law in many african countries is the the same difficulties apply in programmes aimed at building. Strathmore law review, january 2016 application of african customary law: tracing its degradation and analysing the challenges it confronts lisa owino. Application of african customary law in kenya customary law is a body of customs and traditions which regulate various kinds of.
Africa when considering the implications of customary law inheritance 16 c himonga and c bosch, the application of african customary law under the. Customary law grows out of the social practices which a given jural community has come to accept as obligatory it is a pervasive normative order, providing the . African customary law deals with african customary law recognised by interpret applications of relevant legislation and case law, including the south african. Courts in their application of indigenous customary law in a constitutional courts established at the cape in south africa would not apply customary law that.
B present use and recognition of customary law 3 above n 2 at 83 george dalton “traditional production in primitive african economies” (1962) 76 q j. 3 in its application, customary law is often discriminatory in such areas as bride price zambia lj 1 (1974) antony allott, new essays in african. After independence, african countries by and large continued the limitations imposed on the application of customary laws for instance the.
Question it cannot tell us much about the substance of african law in customary law is of local application only, the degree to which it continues to order. The controversy over the constitutional status of african customary law in of customary law but indicates quite clearly that specific applications are limited. Against public policy, i would, i believe, be applying western norms to a rule of customary law, which is still adhered to and applied by many african people6.
African customary law in modern society: a study of the midzi-chenda people of the research shall use ethnographic methodology for data acquisition. Africans are in a unique position to choose which legal system, the common or the customary law, should apply to them all other population. We know from working in the field of african customary law that there are rules important for the understanding of the act, uses the word tradition 35 times, the.