The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.
Is the repugnancy clause still applicable today?
The repugnancy doctrine was introduced into Nigeria in the 19th century through the received English laws. … Most African countries repealed the repugnancy provisos when they obtained independence but Nigeria still retains it.
Which Act currently contains Repugnancy clause?
An example of this repugnancy clause is in the Law of Evidence Amendment Act 45 of 1988 (quoted below), which codifies the fact that the courts may take judicial notice of customary law, though this is qualified by the fact that such law has to be “readily ascertainable and sufficiently certain”.
Is customary law Recognised in South Africa?
The South African Constitution recognizes traditional authority and customary law under Section 211. … In addition, ethnicity is often tied into customary law.
What is meant by the repugnancy clause in South Africa?
This doctrine prescribes that the courts shall not enforce any customary law rule if it is contrary to public policy or repugnant to natural justice, equity and good conscience.
What is meant Repugnancy clause?
‘ A ‘repugnancy’ clause is a proviso to the general recognition of customary law, laying down certain requirements with which customary law must comply.
Whats the difference between civil and common law?
The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. …
What is the Black Administration Act?
The repealed Black Administration Act 38 of 1927 aimed: to provide for the better control and management of black persons’ affairs.
Is African customary law a codified system?
Many black communities live according to indigenous law, which also takes on the form of written or unwritten customary law. … The Code of Zulu Law is an example of codified African Customary Law. Case law on African Customary law is also applied.
What is codified customary law?
Customary law is made up of uncodified (unwritten) and also codified (written) laws. Codified customary law is often criticised for not being accurate because it: … law. • Gives the impression that there is only one system of customary law.
What is the most important source of law in South Africa?
The Constitution of 1996 is the most important source of law in South Africa. The Constitution is the supreme law of South Africa and law, passed by Parliament, which offends the Constitution, is invalid. Secondly, custom is also recognised as a primary source of law.
Why does South Africa not have a codification of law?
South African law is not codified, which means it is not recorded into one comprehensive piece of legislation. Our law has been influenced by Roman; Roman-Dutch; and English law given the history of our country. … This history brings us to the main sources of the law today in South Africa.
How do I prove my marriage is customary in South Africa?
What makes a Customary Marriage Valid?
- Copies of IDs and a lobola agreement letter, if available;
- One witness from the bride’s family;
- One witness from the groom’s family; or.
- A representative of each of the families.
What is the Repugnancy test?
The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.
What is the task of the law reform commission?
The Law Reform Commission Act 1975 states that the Commission’s role is to keep the law under review and to conduct research with a view to the reform of the law. The 1975 Act defines law reform to include: the development of law. its codification (including its simplification and modernisation) and.