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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
- EnglishExcept in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)
Customary Law
Zimbabwe
- EnglishAn Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions—
(a) to develop and enforce integrity and ethical conduct on the part of traditional leaders;
(b) to resolve disputes between traditional leaders;
(c) to deal with complaints against traditional leaders. (Sec. 287)
Customary Law
Namibia
- English(1) Both the customary law and the common law of Namibia in force on the date of Independence shall remain valid to the extent to which such customary or common law does not conflict with this Constitution or any other statutory law.
(2) Subject to the terms of this Constitution, any part of such common law or customary law may be repealed or modified by Act of Parliament, and the application thereof may be confined to particular parts of Namibia or to particular periods. (Art. 66)
Customary Law
Uganda
- EnglishWhere a traditional leader or cultural leader exists in a region the traditional or cultural leader shall-
a. be the titular head of the regional government;
b. be the titular head of the regional assembly and shall open, address and close the sessions of the regional assembly; and
c. enjoy the benefits, privileges and roles as provided for in article 246 of this Constitution and by Parliament and the regional assembly. (Fifth Schedule: Regional governments, Art. 8)
Customary Law
South Sudan
- EnglishEthnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law. (Art. 33)
Customary Law
Eswatini
- English(1) INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
(2) INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
(3) Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter15 shall be regulated by Swazi law and custom. (Sec. 228)
Customary Law
Lesotho
- English1. In this Constitution, unless the context otherwise requires:
• "Chief" does not include the King but includes Principal Chief, and Headman and any other chief whose office is recognised by section 103(1) of this Constitution, and references to a Chief are references to the person who, under the law for the time being in force in that behalf, is recognised as entitled to exercise the functions of the office of that Chief;
…
• "customary law" means the customary law of Lesotho for the time being in force subject to any modification or other provision made in respect thereof by any Act of Parliament;
…
• "law includes--
...
ii. the customary law of Lesotho and any other unwritten rule of law, …
• "Principal Chief" means a chief whose office is among those set out in Schedule 2 to this Constitution;
… (Sec. 154)
Customary Law
Somalia
- English…
(4) Female circumcision is a cruel and degrading customary practice, and is tantamount to torture. The circumcision of girls is prohibited.
… (Art. 15) - Somali…
(4) Gudniinka gabdhaha waa caado naxariis-darro iyo xaqiraad u dhiganta jirdil. Gudniinka gabdhaha waa reeban yahay.
… (Qodobka 15aad.)
Customary Law
Ghana
- EnglishIn this Chapter9 unless the context otherwise requires, “chief” means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage. (Art. 277)
Customary Law
Zambia
- EnglishIn this Constitution, unless the context otherwise requires—
…
• “chief” means a person bestowed as chief and who derives allegiance from the fact of birth or descent, in accordance with the customs, traditions, usage or consent of the people in a chiefdom;
... (Art. 266)