Browsing PER: Potchefstroom Electronic Law Journal by Subject "Ascertainment"
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The conundrum of judicial notice as a means of ascertaining customary law in Nigerian and South african courts amid the convergence of positivism and legal pluralism
(PER/PELJ, 2019)The roles of the courts have become an inevitable social reality in adjudicating customary law disputes in Nigeria and South Africa. Because these courts are established and validated along positivist practice, they ... -
Regulating traditional justice in South Africa: a comparative analysis of selected aspects of the traditional courts bill
(2014)Traditional justice systems have been in place for a very long time in South Africa and in Africa in general. They are characterised by informal systems that are not beset by the normal technicalities prevalent in formal ...