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(1) The National House of Chiefs may on its own initiative and shall, upon request so to do, made to it in writing by the President or by a joint committee referred to in section 44 of this Act comprising representatives of all the Regional Houses of Chiefs, consider whether a rule of customary law should be assimilated by the common law.

(2) If after considering such evidence and representations as may be submitted to it and carrying out such investigations as it may think fit the National House of Chiefs is of the opinion that the rule should be assimilated by the common law, it shall draft a declaration describing the rule, with such modifications as it may consider desirable.

(3) A draft prepared under subsection (2) of this section shall be submitted to the President who may after consultation with the Chief Justice make a legislative instrument giving effect to the recommendations of the National House of Chiefs and declaring the rule to be assimilated in the form specified in the instrument.