Transcription of PER 2009(3) - scielo.org.za
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PER 2009(3) - scielo.org.za
ISSN 1727-3781 THE role of traditional AUTHORITIES IN DEVELOPING CUSTOMARY LAWS IN ACCORDANCE WITH THE CONSTITUTION: SHILUBANA AND OTHERS V NWAMITWA 2008 (9) BCLR 914 (CC) 2009 VOLUME 12 No 3 B MMUSINYANE PER/PELJ 2009 (12)3 136/161 THE role of traditional AUTHORITIES IN DEVELOPING CUSTOMARY LAWS IN ACCORDANCE WITH THE CONSTITUTION: SHILUBANA AND OTHERS V NWAMITWA 2008 (9) BCLR 914 (CC) B Mmusinyane* 1 Introduction South Africa's constitutional dispensation is based on the premise that all existing laws are subject to the Constitution of the Republic of South Africa 1996 (the Constitution), including African customary law, and that all laws are limited only by the South African customary law is a body of law by which millions of South Africans regulate their lives in a multicultural It existed long before the adoption of the Constitution which, among other things, aims at harmonising the different cultural practices that exist in the country.
b mmusinyane per/pelj 2009(12)3 136/161 the role of traditional authorities in developing customary laws in accordance with the constitution:
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