You are required to conduct research on the factors that a south african court would consider before deciding whether a custom would be regarded as indigenous/legal rule or not.

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11-08-2022
Law

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You are required to conduct research on the factors that a south african court would consider before deciding whether a custom would be regarded as indigenous/legal rule or not.

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jayilych4real jayilych4real · Answer 1 · 2022-08-16T21:59:12+02:00

Some of the factors that a South African court would consider before deciding whether a custom would be regarded as indigenous/legal rule or not are:

If it has been done and practiced in a peaceful way for an extended period of time
If it is reasonable, certain, and obligatory
If it is specific to a particular to a locality

What is a Court?

This refers to the legal system that is in charge of interpreting the law as enshrined by the Constitution of a country.

Hence, we can see that when regarding a custom as an indigenous/legal rule or not, a South African court would have to consider several factors.

Some of them are:

If it has been done and practiced in a peaceful way for an extended period of time
If it is reasonable, certain, and obligatory
If it is specific to a particular to a locality

Read more about customs and traditions here:

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