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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
South Africa
- 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
Zambia
- EnglishA chief—
a. may own property in a personal capacity; and
b. shall enjoy privileges and benefits—
i. bestowed on the office of chief by or under culture, custom and tradition; and
ii. attached to the office of chief, as prescribed. (Art. 167)
Customary Law
Eswatini
- English...
(8) Notwithstanding subsection (1), the High Court has no original or appellate jurisdiction in matters relating to the office of iNgwenyama; the office of iNdlovukazi (the Queen Mother); the authorisation of a person to perform the functions of Regent in terms of section 8; the appointment, revocation and suspension of a Chief; the composition of the Swazi National Council, the appointment and revocation of appointment of the Council and the procedure of the Council; and the Libutfo (regimental) system, which matters shall continue to be governed by Swazi law and Custom. (Sec. 151)
Customary Law
Nigeria
- 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
Zimbabwe
- EnglishThe Constitutional Court, the Supreme Court and the High Court have inherent power to protect and regulate their own process and to develop the common law or the customary law, taking into account the interests of justice and the provisions of this Constitution. (Sec. 176)
Customary Law
Uganda
- English...
3. Land in Uganda shall be owned in accordance with the following land tenure systems-
a. customary;
b. freehold;
c. mailo; and
d. leasehold.
4. On the coming into force of this Constitution-
a. all Uganda citizens owning land under customary tenure may acquire certificates of ownership in a manner prescribed by Parliament; and
b. land under customary tenure may be converted to freehold land ownership by registration.
… (Art. 237)
Customary Law
Togo
- EnglishThe Togolese State recognizes the traditional chiefdom, guardian of use and customs.
The designation and the enthronement [intronisation] of the traditional chief obeys the use and customs of the locality. (Art. 143) - FrenchL’Etat togolais reconnaît la chefferie traditionnelle, gardienne des us et coutumes.
La désignation et l’intronisation du chef traditionnel obéissent aux us et coutumes de la localité. (Art. 143)
Customary Law
Mozambique
- 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
Ghana
- English(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)