Thesis--Leyden. / Dutch or French, with summary in French. Includes legislation. Description based on print version record. Bibliography: p. [537-549]

Magister Legum - LLM / The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership pursuan to Chapter 12 of the Consstitution of the Republic of South Africa, 1996. It was unclear how to change institutions that are based on customary ;aw at the same time, recognize them as they are. The legislative branch of government provided its answer through the national and provincial Acts. Precisely the answer forms part of the research paper. / South Africa

This thesis analyzes the inequality women face in the inheritance regime in Ghana. The existing legal framework which includes customary law is fraught with challenges that hinder women from claiming a fair share of their inheritance rights. Existing customary laws conflict with statutory law. Customary law contains aspects that contradict principles of equality espoused in statutory law. Additionally, the court relies on “judicial customary law” which contains old inheritance practices that do not reflect socio-economic changes. Finally, the judiciary in Ghana also uses the repugnancy doctrine in the interpretation and application of customary law. However, the repugnancy doctrine is outdated and constitutes a major hindrance for women in claiming a fair share of their inheritance rights. Drawing on postcolonial theory, intersectional feminism, law and society and sociology of law theories, this dissertation investigates and addresses the injustices associated with women’s rights of inheritance in Ghana. A major goal is to provide viable pathways that will ensure an equitable framework in the sharing of intestate property.

This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and accommodation of local customary law has been a constant and integral feature of law in Britain since Anglo-Saxon times. It guided the emergence of the common law, and continues as a rule of law to the present day. Such respect and accommodation was an essential principle that permitted the peaceful consolidation of the British realms from its constituent parts. Continuity of law is a legal presumption whether territories have been added by conquest, cession or annexation. The principle respect for local legal custom was one of two schools of thought carried to Britain's overseas colonies; the other was a theory that local customary law could be extinguished by non-recognition on the part of the British sovereign or his/her delegates. Nevertheless, customary laws and institutions were explicitly and implicitly recognized in the colonial period. The doctrine has modern application with respect to the customary law ways of indigenous peoples wherever the common law has been extended overseas. Rights under customary law are distinguished from Aboriginal rights, though there is some overlap between the two. Customary law can only be extinguished by an express statute, or by clearly unavoidable implication. Legal customs are not invalid merely for being contrary to the common law. Common law defers to valid customary law as a matter of constitutional common law. But the common law provides tests by which courts can identify valid legal custom. Where a valid, unextinguished legal custom is found, courts are bound by the common law to apply it. Where customary law can be identified, it binds the servants and agents of the Crown, except when it is inconsistent with Crown sovereignty itself.

Thesis (L.L.D. (Faculty of Law))--University of the Western Cape, 2008. / Includes bibliographical references (leaves 415-452)

This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and accommodation of local customary law has been a constant and integral feature of law in Britain since Anglo-Saxon times. It guided the emergence of the common law, and continues as a rule of law to the present day. Such respect and accommodation was an essential principle that permitted the peaceful consolidation of the British realms from its constituent parts. Continuity of law is a legal presumption whether territories have been added by conquest, cession or annexation. The principle respect for local legal custom was one of two schools of thought carried to Britain's overseas colonies; the other was a theory that local customary law could be extinguished by non-recognition on the part of the British sovereign or his/her delegates. Nevertheless, customary laws and institutions were explicitly and implicitly recognized in the colonial period. The doctrine has modern application with respect to the customary law ways of indigenous peoples wherever the common law has been extended overseas. Rights under customary law are distinguished from Aboriginal rights, though there is some overlap between the two. Customary law can only be extinguished by an express statute, or by clearly unavoidable implication. Legal customs are not invalid merely for being contrary to the common law. Common law defers to valid customary law as a matter of constitutional common law. But the common law provides tests by which courts can identify valid legal custom. Where a valid, unextinguished legal custom is found, courts are bound by the common law to apply it. Where customary law can be identified, it binds the servants and agents of the Crown, except when it is inconsistent with Crown sovereignty itself. / Law, Peter A. Allard School of / Graduate

LLM / Department of Public Law

The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. / Public, Constitutional, & International / LL.D.

archives@tulane.edu / Violence against women (VAW) knows no demographic boundaries, is one of the most oppressive forms of gender inequality, and is recognized by some as an impediment to the social and economic development of under-resourced communities. Tanzanian leaders’ goal of achieving middle-income status by 2025 is reviewed against the institutional policies and practices designed to address the violence women of Dar es Salaam experience and ask if VAW is a serious threat to Tanzania’s achievement of middle-income status? This question was answered by conducting a situational analysis of the international, regional, national, and local actors and their engagement with customary and statutory laws, human rights instruments, judicial activities, donor relationships, and NGO-driven activism. Large scale events like the annual “16 Days of Activism against Violence Against Women” (16 Days) and TGNP’s bi¬annual Gender Festival provided opportunities to collect data from local activities and policy discussions for addressing VAW in Dar es Salaam. Subsequent interviews and conversations with respondents, reviews of government and I/NGO reports, data from the 2015 presidential election, and legal decisions from the High Court further augmented the initial data collection. This research highlighted these key findings: (1) there is a dearth of research on the applicability of intersectionality methods and theory to institutions and organizations generally and in Tanzania specifically; (2) customary laws and traditions impact international and national laws beyond rural concerns and impedes progressive law reform as it is still filtered through culture and customs; (3) VAW remains firmly entrenched in familiar, community, and political systems that were built on patriarchal (and postcolonial) foundations; and (4) efforts to achieve middle-income status continue apart from the need to address VAW and other adverse consequences of a society still influenced by customary laws and traditions derived from patriarchal systems. / 1 / M Denise Miles-Francois

Originally presented as the author's thesis, Göttingen. / Bibliography: p. 167-179.