Answer to Question #193426 in Law for Lesedi

Question

Discuss the implication of sections 30 and 31 of the constitution for the recognition of customary law (17 Marks )

Answer 1

According to Section 30 of the Bill of Rights in the constitution, everyone has the right to use of the language and participate in the cultural life of their choice but no one exercising these rights might do so in a manner inconsistent with the Bill of Rights provisions. Ideally, section 31, considers the cultural, religious and linguistic communities in the country but does not grant the communities any group rights, rather reaffirms their individual rights to exercise a number of cultural rights. Both of these sections provide the people with a chance to exercise customary laws based on their culture, and religion but in line with the provisions of the Bill of Rights.