Print Options

(1) A Judicial Committee may receive in evidence any matter including hearsay which tends to prove or disprove a fact relevant to the subject matter before the Committee.

(2) A Judicial Committee shall not make a finding of fact or draw an inference solely on hearsay evidence,

(3) A Judicial Committee may do all or any of the following as may be done by a High Court in proceedings before the High Court

(a) make presumptions of law or fact,

(b) take cognisance of matters which are so notorious or so dearly established that evidence of their existence is not necessary, and

(c) draw inferences from facts already in evidence.

(4) A party to proceedings before a Judicial Committee may appear in person or by a lawyer and any other person required to appear may appear either in person or with leave of the Committee by a lawyer.

(5) A question as to the existence or content of a rule of customary law is a question of law for the Judicial Committee and not a question of fact.

(6) Where a Judicial Committee entertains a doubt as to the existence or content of a rule of customary law relevant in proceedings after considering the submissions that have been made by or on behalf of the parties and after consulting the reported cases, textbooks and other sources that may be appropriate, the Judicial Committee shall adjourn the proceedings 10 enable an Inquiry 10 lake place.

(7) The inquiry shall be held as part of the proceedings in the manner that  the Judicial Committee considers appropriate and the provisions of this Act relating to the attendance and testimony of witnesses shall apply for the purpose of tendering of opinions to the Judicial Committee at the inquiry, subject to the modifications that may appear to the Judicial Committee 10 be necessary except that

(a) the decision as to the persons who are to be heard at the inquiry shall be the decision of the Judicial Committee, after hearing the submissions that may be made by or on behalf of the parties, and

(b) the Judicial Committee may request any authority or body with knowledge of the customary law in question to state its opinion which may be laid before the inquiry in a written form.