Customary Law Act (Chapter 16:01).
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
This Act concerns the ascertainment and application of customary law in Botswana.
"Customary law" means, in relation to any particular tribe or tribal community, the customary law of that tribe or community so far as it is not incompatible with the provisions of any written law or contrary to morality, humanity or natural justice. The Act allows a court, within the limits of its jurisdiction, to apply customary law in court cases and proceedings in which, by virtue of the provisions of this Act or any other law, customary law is properly applied and in civil cases and proceedings between tribesmen at certain conditions or on the basis of an agreement between the parties. As for conflict of customary law, in land matters the applicable customary law shall be the customary law of the place where the land is situated.
"Customary law" means, in relation to any particular tribe or tribal community, the customary law of that tribe or community so far as it is not incompatible with the provisions of any written law or contrary to morality, humanity or natural justice. The Act allows a court, within the limits of its jurisdiction, to apply customary law in court cases and proceedings in which, by virtue of the provisions of this Act or any other law, customary law is properly applied and in civil cases and proceedings between tribesmen at certain conditions or on the basis of an agreement between the parties. As for conflict of customary law, in land matters the applicable customary law shall be the customary law of the place where the land is situated.
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Long title of text
An Act to provide for the application of customary law in certain actions before the courts of Botswana, to facilitate the ascertainment of customary law and to provide for matters ancillary thereto.
Notes
Reprinted version of Act No. 51 of 1969 as at 31 December 2008.
Repealed
No
Source language
English
Legislation Amendment
No