IND2601 ASSIGNMENT 01 SOLUTIONS 2022
Implications of section 211 of the constitution for the recognition of customary law in
South Africa
Section 211 the Constitution of the Republic of South Africa, 1996 gives clear and
unambiguous recognition to customary law. This section reads as follows:
(1) The institution, status and role of traditional leadership, according to customary law,
are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function subject
to any applicable legislation and customs, which includes amendments to, or repeal
of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable; subject to the
Constitution and any legislation that specifically deals with customary law.
Implications of section 211 of the constitution for the recognition of customary law in
South Africa
Section 211 the Constitution of the Republic of South Africa, 1996 gives clear and
unambiguous recognition to customary law. This section reads as follows:
(1) The institution, status and role of traditional leadership, according to customary law,
are recognised, subject to the Constitution.
(2) A traditional authority that observes a system of customary law may function subject
to any applicable legislation and customs, which includes amendments to, or repeal
of, that legislation or those customs.
(3) The courts must apply customary law when that law is applicable; subject to the
Constitution and any legislation that specifically deals with customary law.
