SILENT CRY OF SOMALI CUSTOMARY LAW ‘XEER’

2018 ◽  
Author(s):  
Mohamed Malim
Keyword(s):  
Customary Law

The Role of Customary Law in Sustainable Development

2006 ◽  
Author(s):  
Peter Orebech ◽  
Fred Bosselman ◽  
Jes Bjarup ◽  
David Callies ◽  
Martin Chanock ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Customary Law

PRESERVING AND PROMOTING LOCAL KNOWLEDGE IN ENVIRONMENTAL PROTECTION AND NATURAL RESOURCE EXPLOITATION AND USE OF ETHNIC MINORITIES IN THE NORTHERN MOUNTAINOUS REGION

2017 ◽  
Author(s):  
Vu Thi Thanh Minh
Keyword(s):  
Environmental Protection ◽  
Ethnic Minorities ◽  
Natural Resource ◽  
Local Knowledge ◽  
Production Efficiency ◽  
Customary Law ◽  
Mountainous Region ◽  
Resource Exploitation ◽  
Technological Advances ◽  
Natural Resource Exploitation

Ethnic minorities in the Northern Mountainous Region not only use the application of scientific-technological advances but also experiences of the community to enhance production efficiency and environmental protection. Local knowledge (TTDP) of ethnic minorities is useful for environmental protection and natural resource exploitation & use. These are environmental & weather knowledge; farming experiences on sloping and forestry land; knowledge about environmental protection and natural resource exploitation & use especially how to protect precious resources by specific rules/regulations of customary law. In the context of declining natural resources, TTDP is eroded, captured, or illegally exploited. There should be measures in order to preserve and promote TTDP as well as raise the awareness of the community about its important role.

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Sipho Stephen Nkosi
Keyword(s):  
Supreme Court ◽  
The State ◽  
The Other ◽  
Customary Law ◽  
Eastern Cape ◽  
High Court ◽  
Nelson Mandela ◽  
The Supreme Court ◽  
Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

Ascertainment Of Customary Law: Case Note on MM v MN

2017 ◽  
Vol 31 (1) ◽  
pp. 240-246 ◽  
Author(s):  
Fatima Osman
Keyword(s):  
Case Note ◽  
Customary Law

BUNUK: PENGETAHUAN DAN PRAKTEK ATONI-METO DALAM TATA KELOLA HUTAN

2019 ◽  
Vol 10 (1) ◽  
pp. 83-96
Author(s):  
Yohanes Victor Lasi Usbobo
Keyword(s):  
Forest Management ◽  
Indigenous People ◽  
Sustainable Forest Management ◽  
Customary Law ◽  
Environmental Damage ◽  
Technical Knowledge ◽  
Community Members ◽  
The Earth ◽  
Knowledge And Practice ◽  
West Timor

The implementation of todays forest management that based on formal-scientific knowledge and technical knowledge seems to fail to protect the forest from deforestation and the environmental damage. Decolonialisation of western knowledge could give an opportunity to identify and find the knowledge and practices of indigenous people in sustainable forest management. Forest management based on the indigenous knowledge and practices is believed easy to be accepted by the indigenous community due to the knowledge and practice is known and ‘lived’ by them. The Atoni Pah Meto from West Timor has their own customary law in forest management that is knows as Bunuk. In the installation of Bunuk, there is a concencus among the community members to protect and preserve the forest through the vow to the supreme one, the ruler of the earth and the ancestors, thus, bunuk is becoming a le’u (sacred). Thus, the Atoni Meto will not break the bunuk due to the secredness. Adapting the bunuk to the modern forest management in the Atoni Meto areas could be one of the best options in protecting and preserving the forest.

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

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