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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The effects of customs, religions and traditions on the right to a fair trial in Africa
Author:Dlamini, C.R.M.
Periodical:The Comparative and International Law Journal of Southern Africa
Geographic term:Africa
Subjects:human rights
civil procedure
customary courts
Abstract:Generally the right to a fair trial is based on Western values. These values are sometimes in conflict with African values. The practices and procedures of Western courts differ from those of the traditional African court. The procedure in traditional African courts can be described as inquisitorial, flexible, informal and simple. The system of evidence is free and devoid of technical rules of exclusion. It is clear that a fair trial does not simply consist of procedures, but entails an understanding of the language, culture, customs and beliefs of the witness, the accused or a party to civil litigation. If justice is to be done, judicial officers must take African values, practices and customs into account. Ref.