Is the Repugnancy Clause Still Applicable in South Africa?
The repugnancy clause, located in the local court’s act (1991), outlaws any customary law that is “repugnant to natural justice or morality or incompatible with the provisions of any written law”
According to this idea, if a customary law norm is against the interests of the general public or is incompatible with natural justice, equity, or morality, the courts should not enforce it.
Is hfl1501’s repugnancy provision still in effect today?
The law of evidence amendment act 45 of 1988, which contains the repugnancy provision, is still operative and relevant. Hence the clause is still in effect.
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How did the repugnancy clause constrain indigenous African law?
The adopted English laws brought the repugnancy theory to Nigeria in the 19th century. According to this idea, if a customary law norm is against the interests of the general public or is incompatible with natural justice, equity, or morality, the courts should not enforce it.
When are two or more provisions of the same statute repugnant?
According to this rule of interpretation, the court will attempt to read the provisions in a way that gives effect to both by maintaining harmony between the two where two or more provisions of the same legislation are incompatible.
