To What Extent Is Customary Law Still Relevant In Zimabwe Final Doc
QUESTION
To what extent is customary law still relevant in Zimbabwe?
Customary law is still relevant in Zimbabwe to a lesser extent to aspects like when the parties have agreed to use customary law, in the issue of chieftaincy and when the court looks at the surrounding circumstances. It is important to first define what customary law is. Customary law is law which governs the way of life of African people in other words the law before colonialism. It is also important to note that there is what is called the dual legal system which makes customary law relevant in Zimbabwe. However, customary law is been disqualified largely by general law as the courts are applying general law instead of customary law, it is on the courts discretion to use customary law and even when the parties agree to use customary law the court can use general law in order to preserve justice, there are also statutes which regulate customary law and also customary law only apply to civil matters only and not criminal matters showing that, it is used in limited circumstances.
The fact that customary law is a source of law in Zimbabwe makes it relevant right from the start. In Zimbabwe there is also what is called dual legal system, making customary law to apply in Zimbabwe. According to Madhuku1 a dual legal system is when general law and African customary law apply side by side on given circumstances and this is proved by section 1922 of the constitution of Zimbabwe to clarify this one can argue that, the section incorporates section 893 of the old constitution of Zimbabwe when it states that the law to apply is the law on the day of swearing of the President. The Customary Law and Local Court Act (7:05)4 states that, customary law applies in civil cases only and not criminal cases as provided by section 3 of the Act, so this shows that, customary law is still applying in Zimbabwe. This is shown in the case of S v Matyenyika and Another5 Malaba J made it clear that, customary
To what extent is customary law still relevant in Zimbabwe?
Customary law is still relevant in Zimbabwe to a lesser extent to aspects like when the parties have agreed to use customary law, in the issue of chieftaincy and when the court looks at the surrounding circumstances. It is important to first define what customary law is. Customary law is law which governs the way of life of African people in other words the law before colonialism. It is also important to note that there is what is called the dual legal system which makes customary law relevant in Zimbabwe. However, customary law is been disqualified largely by general law as the courts are applying general law instead of customary law, it is on the courts discretion to use customary law and even when the parties agree to use customary law the court can use general law in order to preserve justice, there are also statutes which regulate customary law and also customary law only apply to civil matters only and not criminal matters showing that, it is used in limited circumstances.
The fact that customary law is a source of law in Zimbabwe makes it relevant right from the start. In Zimbabwe there is also what is called dual legal system, making customary law to apply in Zimbabwe. According to Madhuku1 a dual legal system is when general law and African customary law apply side by side on given circumstances and this is proved by section 1922 of the constitution of Zimbabwe to clarify this one can argue that, the section incorporates section 893 of the old constitution of Zimbabwe when it states that the law to apply is the law on the day of swearing of the President. The Customary Law and Local Court Act (7:05)4 states that, customary law applies in civil cases only and not criminal cases as provided by section 3 of the Act, so this shows that, customary law is still applying in Zimbabwe. This is shown in the case of S v Matyenyika and Another5 Malaba J made it clear that, customary
Bibliography: Constitution of Zimbabwe Amendment (No.20) Act 2013 Bennet T,W, Application of Customary Law in South Africa Madhuku L, An Introduction to Zimbabwean Law, Weaver Press, Harare, 2010