IND2601 ASSGN 1 SEMESTER 1 2024 African customary law
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Course
Africa customary law (IND2601)
Institution
University Of South Africa (Unisa)
Book
African Customary Law in South Africa
Question 1 Discuss the Implications of section 211(3) of the Constitution Act 108 of 1996 for the recognition of customary law [12] Section 211(3) of the Constitution Act 108 of 1996 has implications for the recognition of customary law in South Africa. This section states that "Customary law is ...
ASSIGNMENT 01 SEMETSER 01 2024
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DUE DATE :25 MARCH 2024
3/25/2024
, Question 1
Discuss the Implications of section 211(3) of the Constitution
Act 108 of 1996 for the recognition of customary law
[12]
Section 211(3) of the Constitution Act 108 of 1996 has implications for
the recognition of customary law in South Africa. This section states
that "Customary law is subject to the Constitution and any legislation
that specifically deals with customary law."
The implications of this section can be understood by examining its key
components:
1. Customary law is subject to the Constitution: This means that
customary law cannot contradict or violate the provisions of the
Constitution. The Constitution is the supreme law of the land and takes
precedence over any other law, including customary law. Therefore,
any customary law practice or rule that is inconsistent with the
Constitution will be deemed invalid.
2. Customary law is subject to legislation: In addition to being subject to
the Constitution, customary law is also subject to any legislation that
specifically deals with customary law. This means that the government
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