Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340/16, 287/17)
Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340/16, 287/17) [2018] ZASCA 87; [2018] 3 All SA 307 (SCA); 2018 (5) SA 104 (SCA); 2018 (2) SACR 367 (SCA) (1 June 2018)
The Supreme Court of Appeal held that the Constitution recognises customary law as an independent source of law, subject only to the Constitution and legislation specifically dealing with customary law. The evidence established that the Dwesa-Cwebe communities have exercised customary rights of access to and use of marine resources since time immemorial, and these rights were not extinguished by the Marine Living Resources Act, which did not specifically address customary law. The MLRA regulated fishing but did not expressly or by necessary implication extinguish customary rights. The appella…
Source excerpt
- Customary Law Rights
- Marine Living Resources Act
- Unlawfulness In Statutory Offences
- Environmental Conservation
- Restitution Of Land Rights
- Bill Of Rights Limitation