EruditePark

CUSTOMARY COURTS: PRESERVING FUNDAMENTAL HUMAN RIGHTS BY SUBJECTING TRADITIONS, CUSTOMARY LAWS AND NATIVE REALITIES TO THE REPUGNANCY AND COMPATIBILITY TESTS IN THE PROTECTION AGAINST SEXUAL AND GENDER BASED VIOLENCE                 BY            EHUSANI ABEL SIMPA [1]   We may not want to hear about consequences in this day and age, but the truth still stands – if we let our selfish passions have their way, it will only be a matter of time before negative consequences begin to manifest. Tears and sorrow can never wash away the consequence for wrongdoing. Crying and wishing things were different doesn’t change a person’s life. Changing one’s character changes one’s life. - Robb Thompson [2]   INTRODUCTION There are realities that are peculiar to the culture and tradition of people who subscribe to or are made subject to their applications by factors relevant to them. Customary laws are intrinsically unwritte...

    CUSTODY OF CHILDREN AND THE CONFLICT OF RIGHTS IN MATRIMONIAL DISPUTES [1]   INTRODUCTION In the matrimonial phase of life, children are a heritage from the lord, the fruit of the womb is his reward. Children are God’s best gift, they are his generous legacy. [2] The value of a life in all its formative, tender, maturing and fully mature stages is limitless, infinitely high and cannot be compared with any material purchase or acquisition. The gift of life is best celebrated when we consider the totality of all the animate expressions; from the bundle of joy a baby innately brings to the amazingly distinct identity of an adult as displayed through the process of growth. When adults get married, their matrimonial journey begins, the cycle of life unveils another dimension for them which is the springboard for their children. Every human being has fundamental and inalienable rights but the elements of conflict are also undeniably part of the configuration of t...