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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
Zambia
- English1. Except as provided in this Article, no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, unless by or under the authority of an Act of Parliament which provides for payment of adequate compensation for the property or interest or right to be taken possession of or acquired.
2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of clause (1) to the extent that it is shown that such law provides for the taking possession or acquisition of any property or interest therein or right thereover—
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y. for the purpose of the administration or disposition of such property or interest or right by the President in implementation of a comprehensive land policy or of a policy designed to ensure that the statute law, the Common Law and the doctrines of equity relating to or affecting the interest in or rights over land, or any other interests or right enjoyed by Chiefs and persons claiming through and under them, shall apply with substantial uniformity throughout Zambia;
… (Art. 16)
Customary Law
Sierra Leone
- English(1) The institution of Chieftaincy as established by customary law and usage and its non- abolition by legislation is hereby guaranteed and preserved.
(2) Without derogating from the generality of the provisions of subsection (1), no provision of law in so far as it provides for the abolition of the office of Paramount Chief as existing by customary law and usage immediately before the entry into force of this Constitution, shall have effect unless it is included in an Act of Parliament and the provisions of Section 108 shall apply in relation to the Bill for such an Act as they apply in relation to the Bill for an Act of Parliament that alters any of the provisions of this Constitution that are referred to in subsection (3) of that section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, the provisions of subsection (1) to the extent that the law in question makes provision for the determination, in accordance with appropriate customary law and usage, of the validity of the nomination, election, unseating or replacement of any Paramount Chief, or the question of restraining in any way the exercise of any rights, duties, privileges or functions conferred upon, or enjoyed by him, by virtue of his office or the installation or deposition of a person as a Paramount Chief.
(4) A Paramount Chief may be removed from office by the President for any gross misconduct in the performance of the functions of his office if after a public inquiry conducted under the Chairmanship of a Judge of the High Court or a Justice of Appeal or a Justice of the Supreme Court, the Commission of Inquiry makes an adverse finding against the Paramount Chief, and the President is of the opinion that it is in the public interest that the Paramount Chief should be removed.
(5) Subject to the provisions of this Constitution and in furtherance of the provisions of this section, Parliament shall make laws for the qualifications, election, powers, functions, removal and other matters connected with Chieftaincy. (Sec. 72)
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
South Sudan
- English…
6. The objects of local government shall be to:
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i. acknowledge and incorporate the role of Traditional Authority and customary law in the local government system;
… (Art. 166)
Customary Law
Kenya
- English...
(2) In exercising judicial authority, the courts and tribunals shall be guided by the following principles—
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(c) alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
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(3) Traditional dispute resolution mechanisms shall not be used in a way that—
(a) contravenes the Bill of Rights;
(b) is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality; or
(c) is inconsistent with this Constitution or any written law. (Art. 159) - Swahili...
(2) Katika kutumia mamlaka ya mahakama, mahakama na mabaraza yataongozwa na kanuni zifuatazo-
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(c) njia mbadala za utatuzi wa mgogoro ikiwa ni pamoja na maridhiano, upatanishi, usuluhishi na njia za kijadi za utatuzi wa mgogoro zitahamasishwa, kwa kuzingatia ibara ya (3) ;
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(3) Njia za kijadi za utatuzi wa mgogoro hazitatumika kwa njia ambayo—
(a) inakiuka Sheria ya Haki za Binadamu;
(b) inakinzana na haki na maadili au husababisha matokeo ambayo yanakinzana na haki au maadili; au
(c) ni kinyume cha Katiba hii au sheria yoyote iliyoandikwa. (Kifungu cha 159)
Customary Law
Ghana
- English…
(3) A Regional House of Chiefs shall—
(a) perform such functions as may be conferred upon it by or under an Act of Parliament;
(b) advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;
(c) hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;
(d) have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin;
(e) undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;
(f) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.
… (Art. 274)
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)