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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
- English1. The twenty-two offices of Principal Chief set out in Schedule 2 to this Constitution and the other offices of Chief recognised under the law in force immediately before the commencement of this Constitution shall continue to exist.
2. Parliament may make provision for the regulation of offices of chief.
3. Each Chief shall have such functions as are conferred on him by this Constitution or by or under any other law. (Sec. 103)
Customary Law
- EnglishAn Act of Parliament may provide for the establishment, composition and jurisdiction of—
…
(b) customary law courts whose jurisdiction consists primarily in the application of customary law;
… (Sec. 174)
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)
Customary Law
- English(1) Except for the areas of Ghanzi, Chobe, Kgalagadi and North East, the Members for the areas referred to in section 77(1)(a) shall be designated to the Ntlo ya Dikgosi according to the established norms and practices of those areas.
(2) The Members for the Ghanzi, Chobe, Kgalagadi and North-East areas referred to in section 77(1)(a) shall be selected, from their own number, to the Ntlo ya Dikgosi by persons for the time being performing the functions of the office of Kgosi within each of those areas.
… (Sec. 78)
Customary Law
- English(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involve questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by the House of Assembly of the State for which it is established. (Sec. 282)
Customary Law
- English
The law establishes the rules concerning:
…
- the procedure according to which the habits and customs will be recognized [constatées] and harmonized with the fundamental principles of the Constitution;
… (Art. 101) - French
La loi fixe les règles concernant :
…
- la procédure selon laquelle les us et coutumes sont constatés et mis en harmonie avec les principes fondamentaux de la Constitution ;
… (Art. 101)
Customary Law
- English(1) In this Constitution unless a contrary intention appears—
• “Chiefdom Council” means a Chiefdom Council constituted under the Chiefdom Councils Act;
…
• “law” includes—
a. any instrument having the force of law made in exercise of a power conferred by law;
b. customary law and any other unwritten rules of law;
… (Sec. 171)
Customary Law
- EnglishWe, the people of Eswatini, …Whereas it has become necessary to review the various constitutional documents, decrees, laws, customs and practices so as to promote good governance, the rule of law, respect for our institutions and the progressive development of the Eswatini society;Whereas it is necessary to blend the good institutions of traditional Law and custom with those of an open and democratic society so as to promote transparency and the social, economic and cultural development of our Nation;… (Preamble)
Customary Law
- English(1) National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law
(a) national or provincial legislation may provide for the establishment of houses of traditional leaders; and
(b) national legislation may establish a council of traditional leaders. (Sec. 212)
Customary Law
- English1. Government shall have the duty to support, on the basis of equality, the growth and enrichment of cultures and traditions that are compatible with fundamental rights, human dignity, democratic norms and ideals, and the provisions Constitution.
… (Art. 91) - Amharic1. መንግሥት መሰረታዊ መብቶችንና ሰብዓዊ ክብርን፣ ዴሞክራሲንና ሕገ መንግሥቱን የማይቃረኑ ባሕሎችና ልማዶች በእኩልነት እንዲጐለብቱና እንዲያድጉ የመርዳት ኃላፊነት አለበት፡፡
… (አንቀጽ 91)