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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.
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Customary Law
Malawi
- English...
3. Parliament may make provision for traditional or local courts presided over by lay persons or chiefs:
Provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an Act of Parliament.
4. Appeals from subordinate courts shall lie to the High Court, unless provided in this Constitution or by an Act of Parliament. (Sec. 110)
Customary Law
South Africa
- English(1) The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. (Sec. 211)
Customary Law
Ethiopia
- English…
4. The State shall enforce the right of women to eliminate the influences of harmful customs. Laws, customs and practices that oppress or cause bodily or mental harm to women are prohibited.
… (Art. 35) - Amharic…
4. ሴቶች ከጐጂ ባሕል ተጽዕኖ የመላቀቅ መብታቸውን መንግሥት ማስከበር አለበት፡፡ ሴቶችን የሚጨቁኑ ወይም በአካላቸው ወይም በአዕምሮአቸው ላይ ጉዳት የሚያስከትሉ ሕጐች፣ ወጐችና ልማዶች የተከለከሉ ናቸው፡፡
… (አንቀጽ 35)
Customary Law
Nigeria
- English(1) An appeal shall lie from decisions of a customary Court of Appeal to the Court of Appeal as of right in any civil proceedings before the customary Court of Appeal with respect to any question of Customary law and such other matters as may be prescribed by an Act of the National Assembly.
(2) Any right of appeal to the Court of Appeal from the decisions of a Customary Court of Appeal conferred by this section shall be –
(a) exercisable at the instance of a party thereto or, with the leave of the Customary Court of Appeal or of the Court of Appeal, at the instance of any other person having an interest in the matter;
(b) exercised in accordance with any Act of the National Assembly and rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal. (Sec. 245)
Customary Law
Zambia
- English1. Land shall be delimited and classified as State land, customary land and such other classification, as prescribed.
… (Art. 254)
Customary Law
Lesotho
- English1. There shall be a College of Chiefs which, subject to the provisions of subsection (3), shall consist of the twenty-two Principal Chiefs.
… (Sec. 104)
Customary Law
Zimbabwe
- English(1) The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions—
(a) to protect, promote and develop Zimbabwe’s culture and traditions;
(b) to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions;
(c) to protect, promote and advance the interests of traditional leaders;
(d) to consider representations and complaints made to it by traditional leaders;
(e) to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership;
(f) to facilitate the settlement of disputes between and concerning traditional leaders;
(g) to perform any other functions that may be conferred or imposed on it by an Act of Parliament.
(2) An Act of Parliament must ensure that—
(a) the National Council of Chiefs and all provincial assemblies of Chiefs are able to carry out their functions independently and efficiently; and
(b) persons employed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and impartially. (Sec. 286)
Customary Law
Eswatini
- English(1) A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
(2) Parliament shall, as soon as practicable after the commencement of this Constitution, enact legislation regulating the property rights of spouses including common-law husband and wife. (Sec. 34)
Customary Law
Uganda
- English1. A regional assembly may establish standing and other committees or organs for the efficient discharge of its functions.
2. The representatives of cultural interests shall constitute the standing committee on cultural matters.
3. The standing committee on cultural matters shall have, as against the rest of the members of the regional assembly, exclusive jurisdiction on the cultural matters of the region.
4. In this paragraph "cultural matters" include the following-
a. the choice and installation of a traditional leader or cultural leader;
b. all traditional and cultural matters relating to the traditional or cultural leader and to the institutions of the traditional leader or cultural leader as well as royal members of the traditional leadership;
c. the choice, appointment and succession to clan and subclan leadership;
d. clan, traditional and customary matters;
e. matters relating to cultural funeral rites, cultural succession and customary heirs;
f. cultural or traditional lands, sites, shrines and installations;
g. clan lands, sites, shrines and installations; and
h. traditional, customary and cultural practices which are consistent with this Constitution.
5. In carrying out its responsibilities under subparagraphs (3) and (4), the standing committee on cultural matters shall consult the traditional or cultural leader of the region as well as the relevant clan leaders.
6. A decision of the standing committee on cultural matters shall not be effective until the decision has been approved by the traditional or cultural leader of the region and, in the case of succession under subparagraph (4)(a), by the clan or cultural leader's council. (Fifth Schedule: Regional governments, Art. 3)
Customary Law
Rwanda
- English…
Unwritten customary law remains applicable provided it has not been replaced by written law, is not inconsistent with the Constitution, laws, and orders, and neither violates human rights nor prejudices public security or good morals. (Art. 176) - Kinyarwanda…
Amategeko gakondo atanditse akomeza gukurikizwa gusa iyo atasimbuwe n’amategeko yanditse kandi akaba atanyuranyije n’Itegeko Nshinga, amategeko, n'amateka cyangwa ngo abe abangamiye uburenganzira bwa Muntu, ituze rusange rya rubanda cyangwa imyitwarire iboneye. (Ingingo ya 176) - French…
La coutume ne demeure applicable que pour autant qu’elle n’ait pas été remplacée par une loi et qu’elle n’ait rien de contraire à la Constitution, aux lois et aux arrêtés ou ne porte pas atteinte aux droits de la personne, à l’ordre public et aux bonnes mœurs. (Art. 176)