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In Law / College | 2025-07-06

What is the role of Customary International Law in South Africa's constitution?

A. It is the default law of the land unless it contradicts the Constitution or an Act of Parliament.
B. It is considered normative but not binding when judges hand down rulings.
C. It is considered external and therefore supplementary to the Constitution.
D. It is only relevant in legal considerations if it is tied to a formal, international agreement.

Asked by deatonemma14

Answer (2)

Customary International Law in South Africa is binding unless it contradicts the Constitution or legislative acts. It is considered an integral part of the legal framework and affects judicial rulings. Customary international law can influence various legal matters even without formal treaties. ;

Answered by GinnyAnswer | 2025-07-07

In South Africa, Customary International Law is binding unless it conflicts with the Constitution or an Act of Parliament. It must be considered by judges in relevant cases, influencing legal decisions. Therefore, the correct option is A: It is the default law of the land unless it contradicts the Constitution or an Act of Parliament.
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Answered by Anonymous | 2025-07-09

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