Dual Legal System in Zambia

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INTRODUCTION The aim of this paper is to discuss the interaction of African customary law and received law and its implications for Zambia’s Legal system. It will begin by illustrating what African customary law is as. It will then go on and elaborate what received law is and later discuss the interaction of the two. The paper will further on discuss the implications that this interaction has on Zambia’s legal system. Finally a conclusion will be drawn CUSTOMARY LAW Custom is a practice that has been followed in a particular locality in such circumstances that it is must be reasonable in nature and it must have been followed continuously. Customary law is the oldest form of law known to man; almost the whole law existed in the shape of customs in primitive communities. In Africa the law in pre-colonial customary law, the law was geared for the people it served and the people where loosely organized, usually on a tribal, ethnic or language basis. The law was informal and tended to flow from the tribal chiefs and leaders as an adjunct to their personal stature and political power . African customary law is the body of law that is ‘home grown’. Customary law in Zambia refers to the customs and practices of the Zambian people. They are usually unwritten traditional common rule which has become an intrinsic part of the accepted and expected conduct in a particular tribe. Customarily adhered to and applied by the inhabitants of a particular community in their relationship with one another within or outside the particular community and which has obtained the force of law, in that non-compliance with the rule or custom in question attracts adjudication and possible sanction. The Zambian constitution indirectly recognizes the validity of customary law by making reference to the House of Chiefs. This is provided for under part XIII of the constitution. Customary courts
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