The application of Customary Law is regulated by section 3(1) of the Customary Law and Local Courts Act [Chapter 7:05]. It provides:“3. Application of Customary Law(1) Subject to this Act and any other enactment, unless the justice of the case otherwise requires -(a) Customary law shall apply in any civil ...
The application of Customary Law is regulated by section 3(1) of the Customary Law and Local Courts Act [Chapter 7:05]. It provides:
“3. Application of Customary Law
(1) Subject to this Act and any other enactment, unless the justice of the case otherwise requires -
(a) Customary law shall apply in any civil case where -
(i) The parties have expressly agreed that it should apply; or
(ii) Regard being had to the nature of the case and the surrounding circumstances, it appears that the parties have agreed it should apply; or
(iii) Regard being had to the nature of the case and the surrounding circumstances, it appears just and proper that it should apply;
(b) The general law of Zimbabwe shall apply in all other cases.”
Where any one of the factors set out in subsection (1)(a) of section 3 of the Customary Law and Local Courts Act is present, customary law applies.
It is however settled, that, where customary law is incapable of providing an avenue for the resolution of a dispute, rights, or obligations, general law will apply: see Chiwenga v Mubaiwa SC86-20…,.
