Customs Recognition Act (No. 7 of 2000).

https://www.fao.org/faolex/results/details/en/c/LEX-FAOC074602

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anglais

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LEX-FAOC074602

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1

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This Act makes provision with respect to ascertainment of questions as to the existence of any customary law and the nature of such customary law in relation to a matter, and its application in or relevance to any particular circumstances.The Act specifies facts that are relevant when customary right, usage or practice is in question and concerns proof and recognition of custom. Subject to provisions of this Act, the High Court (Civil Procedure) Rules, 1964 and to any other law, custom may be taken into account only in relation to: (a) the ownership by custom of rights in, over or in connection with customary land of: (i) anything in or on customary land; or (ii) the produce of customary land, including rights of hunting or gathering; (b) the ownership by custom of rights in, over or in connection with the sea or a reef, or in or on the bed of the sea or of a river or lake, including rights of fishing; (c) the ownership by custom of water, or of rights in, or over water; (d) the devolution of customary land or of rights in, over or in connection with customary land; or (e) trespass by animals.

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