oa News and Views for Magistrates - What 'Bhe' means for judicial officers

Volume 2005, Issue 03
  • ISSN :



Extracted from text ... NEWS & VIEWS FOR MAGISTRATES 2 In the previous issue we considered what Bhe v Magistrate, Khayelitsha (case CCT 49/03) has to say about the male primogeniture rule of customary law and the legislation regulating it. In this issue, the Court's view on its obligation to develop customary law in terms of section 39(2) of the Constitution is discussed. For the purpose of the discussion a distinction is drawn between the recognition and application of customary law (in terms of section 1 of the Law of Evidence Amendment Act, 45 of 1988) and the development of customary law, as ..

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