CHAPTER 16:01
CUSTOMARY LAW

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Customary law to be applied in proper cases

 

   4.   Customary law to be applied in certain civil cases and proceedings between tribesmen

 

   5.   Application of customary law in accordance with an agreement

 

   6.   Special provision relating to custody of children

 

   7.   Special provision in relation to intestate succession

 

   8.   Special provision in relation to claims arising out of personal injuries and death

 

   9.   Legal capacity of tribesmen

 

   10.   Conflict of customary laws

 

   11.   Ascertainment of customary law

 

   12.   Certain statements to be prima facie evidence of the customary law

 

   13.   Saving

 

Act 51, 1969.

An Act to provide for the application of customary law in certain actions before the courts of Botswana, to facilitate the ascertainment of customary law and to provide for matters ancillary thereto.

[Date of Commencement: 22nd August, 1969]

 

1.   Short title

   This Act may be cited as the Customary Law Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "common law" means any law, whether written or unwritten, in force in Botswana, other than customary law;

   "customary law" means, in relation to any particular tribe or tribal community, the customary law of that tribe or community so far as it is not incompatible with the provisions of any written law or contrary to morality, humanity or natural justice;

   "tribe" includes a section of a tribe;

   "tribesman" means member of a tribe or tribal community of Botswana or member of a tribe or similar group of any other country in Africa prescribed by the Minister by notice published in the Gazette for the purposes of the Customary Courts Act, and includes the legal personal representative of such member;

   "tribal community" means any community which is living outside a tribal territory but is organized in a tribal manner.

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