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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Customary Law
- English(1) Subject to the provisions of subsection (4), (5), and (7), no law shall make provision which is discriminatory either of itself or in its effect.
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(3) In this section the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject, or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
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d. with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law;
e. for the application in the case of members of a particular race or tribe or customary law with respect to any matter to the exclusion of any law with respect to that matter which is applicable in the case of other persons;
… (Sec. 27)
Customary Law
- English(1) This Constitution is the supreme law of Zimbabwe and any law, practice, custom or conduct inconsistent with it is invalid to the extent of the inconsistency.
… (Sec. 2)
Customary Law
- EnglishIn this Constitution—
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“Communal Land” means land set aside under an Act of Parliament and held in accordance with customary law by members of a community under the leadership of a Chief;
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“customary law” means the customary law of any section or community of Zimbabwe’s people;
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“traditional leader” means a person appointed as such in terms of section 283;
… (Sec. 332)
Customary Law
- English
The rules concerning [the following] are of the domain of the law:
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- The procedure according to which customs [coutumes] will be recognized [constatees] and placed in harmony with the fundamental principles of the Constitution;
… (Art. 98) - French
Sont du domaine de la loi les règles concernant:
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- La procedure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution;
… (Art. 98)
Customary Law
- English…
4. The law shall establish forms in which traditional and religious marriage shall be esteemed, and determine the registration requirements and effects of such marriage. (Art. 119) - Portuguese…
4. A lei estabelece as formas de valorização do casamento tradicional e religioso, define os requisitos do seu registo e fixa os seus efeitos. (Art. 119)
Customary Law
- English
The Gabonese people,
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Solemnly proclaim their adherence to their profound and traditional social values, to their cultural, material and spiritual patrimony, to respect for the freedoms, the rights and the duties of the citizen.
… (Preamble) - French
Le peuple gabonais,
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Proclame solennellement son attachement à ses valeurs sociales profondes et traditionnelles, à son patrimoine culturel, matériel et spirituel, au respect des libertés, des droits et des devoirs du citoyen.
… (Préambule)
Customary Law
- English(1) Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
(2) The iNgwenyama may appoint any person to be chief over any area.
(3) The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
(4) The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
(5) Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
(6) A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
(7) A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
(8) The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
(9) In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory. (Sec. 233)
Customary Law
- English...
(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.
(3) The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill. (Sec. 39)
Customary Law
- English(1) A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she-
(a) is a citizen of Botswana; and
(b) has attained the age of 21 years.
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(4) A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member. (Sec. 79)
Customary Law
- English
The State recognizes traditional leadership [chefferie], guardian of habits [us] and customs [,] within the conditions established by the law. (Art. 151-1)
- French
L’Etat reconnait la chefferie traditionnelle gardienne des us et coutumes dans les conditions fixées par la loi. (Art. 151-1)