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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
Nigeria
- English(1) For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any other law, the Court of Appeal shall be duly constituted if it consists of not less than three Justices of the Court of Appeal and in the case of appeals from –
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(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal learned in Customary law. (Sec. 247)
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
Togo
- EnglishThe law establishes the rules concerning:
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– the procedure following which customs [coutumes] are declared and harmonized with the fundamental principles of the Constitution;
… (Art. 84) - FrenchLa loi fixe les règles concernant :
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- la procédure selon laquelle les coutumes seront constatées et mises en harmonie avec les principes fondamentaux de la Constitution ;
... (Art. 84)
Customary Law
Zambia
- English...
2. In exercising judicial authority, the courts shall be guided by the following principles:
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d. alternative forms of dispute resolution, including traditional dispute resolution mechanisms, shall be promoted, subject to clause (3);
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3. Traditional dispute resolution mechanisms shall not—
a. contravene the Bill of Rights;
b. be inconsistent with other provisions of this Constitution or other written law; or
c. be repugnant to justice and morality. (Art. 118)
Customary Law
Chad
- EnglishThe customary and traditional rules governing the matrimonial regimes and inheritance may only be applicable with the consent of the parties concerned.
In default of consent, the national law alone is applicable.
It is the same in case of conflict between two [2] or more customary rules. (Art. 162) - Arabicلا يمكن تطبيق القواعد العرفية والتقليدية التي تحكم أنظمة الزواج والإرث إلا بموافقة الأطراف المعنية.
في غياب الموافقة، يكون القانون الوطني الوحيد الواجب تطبيقه.
يطبق القانون نفسه في حالة وجود تعارض بين قاعدتين [2] عرفيتين أو أكثر. (المادة 162) - FrenchLes règles coutumières et traditionnelles régissant les régimes matrimoniaux et les successions ne peuvent s'appliquer qu'avec le consentement des parties concernées.
A défaut de consentement, la loi nationale est seule applicable.
Il en est de même en cas de conflit entre deux (2) ou plusieurs règles coutumières. (Art. 162)
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 bill (including any amendment to a bill) which, in the opinion of the presiding officer would affect or alter any matter regulated in terms of this section shall only be introduced in the Senate.
(2) Where a bill, in terms of this section, is duly introduced the Senate shall not proceed to the Second Reading of that bill until
(a) a copy of that bill has been sent by the President to the Council of Chiefs, and
(b) a period of sixty days has elapsed since the copy was sent to the Council in terms of paragraph (a).
(3) Subject to the provisions of subsection (4), where a bill affecting or altering any of the matters referred to in this section has been introduced in and passed by the Senate and has been sent to the House at least sixty days before the end of the session but has not within that period been passed by both Chambers, the bill shall be referred to a joint sitting of the Senate and the House in accordance with the provisions of the First Schedule.
(4) A bill having been duly introduced in and passed by the Senate shall not be referred to a joint sitting in terms of subsection (3) where the bill
(a) has been sent to the House at least sixty days before the end of the session, and
(b) has not been considered by the House within sixty days after the bill is so sent,
but shall, unless the Senate otherwise agrees, be presented to the King for assent.
(5) A bill shall not be presented to the King for assent in terms of subsection (4) unless the Senate so resolves by two-thirds majority of all the Senators.
(6) The provisions of this section apply to a bill which, in the opinion of the presiding officer would, if enacted, alter or affect
(a) the status, powers or privileges, designation or recognition of the Ngwenyama, Ndlovukazi or Umntfwanenkhosi Lomkhulu;
(b) the designation, recognition, removal, powers, of chief or other traditional authority;
(c) the organisation, powers or administration of Swazi (customary) courts or chiefs’ courts;
(d) Swazi law and custom, or the ascertainment or recording of Swazi law and custom;
(e) Swazi nation land; or
(f) Incwala, Umhlanga (Reed Dance), Libutfo (Regimental system) or similar cultural activity or organisation.
(7) Subject to the provisions of this section, the matters listed under subsection (6) shall continue to be regulated by Swazi law and custom. (Sec. 115)
Customary Law
Gambia
- English…
(2) Subject to the provisions of subsection (5), no law shall make any provision which is discriminatory either of itself or in its effect.
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(4) In this section, the expression "discrimination" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth or other status 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.
(5) Subsection (2) shall not apply to any law in so far as that law makes provision—
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(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(d) for the application in the case of members of a particular race or tribe of customary law with respect to any matter in the case of persons who, under that law, are subject to that law.
… (Sec. 33)
Customary Law
Kenya
- English(1) Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles—
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(f) elimination of gender discrimination in law, customs and practices related to land and property in land;
… (Art. 60) - Swahili(1) Ardhi nchini Kenya itashikiliwa, kutumiwa na kusimamiwa kwa njia ambayo ni yenye usawa, fanisi, yenye tija na endelevu, na kwa kufuata kanuni zifuatazo-
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(f) uondoaji wa ubaguzi wa kijinsia katika sheria, mila na desturi zinazohusiana na ardhi na mali katika ardhi;
… (Kifungu cha 60)
Customary Law
Mozambique
- EnglishThe State recognises the different normative and dispute resolution systems that co-exist in Mozambican society, insofar as they are not contrary to the fundamental principles and values of the Constitution. (Art. 4)
- PortugueseO Estado reconhece os vários sistemas normativos e de resolução de conflitos que coexistem na sociedade moçambicana, na medida em que não contrariem os valores e os princípios fundamentais da Constituição. (Art. 4)