AFRICAN CUSTOMARY LAW EXAM QUESTIONS AND ANSWERS 100%CORRECT.

AFRICAN CUSTOMARY LAW EXAM QUESTIONS AND ANSWERS 100%CORRECT. ACL is recognised under positivism in one of two ways...they are... - ANSWER-process of inclusion by rule of recognition development or made subject to master rule (Constitution) .ACL problems of ascertainment... - ANSWER-LCL is applied by Western Courts Rules of ACL are applied outside their domestic setting, when in local settings there is no problem because people are aware of the law & rules are negotiated Unlike Western style courts, customary adjudicators are not obliged by predetermined rules of ascertainment There is greater emphasis on substantive justice than on certainty .Alexkor dealt with... - ANSWER-s8(3) of the Constitution allows the development of customary law in line with the Constitution s211(3) states the courts are obliged to apply customary law where applicable, subject to the Constitution Court recognized ACL as independent source of law ACL can be ascertained through writers, old authorities, sources, and evidence of witnesses There is a danger of looking at customary law through a common law prism .Alexkor while recognising the difficulties of ascertaining the principles of ACL stated the court concluded that... - ANSWER-recognition of ACL in the constitution includes Living Customary Law