ABSTRACT

The customary method of determining disputes as to rights to customary land was usually a decision by the chief of the area in which the land was situated. This method has the advantage that the chief would normally be very knowledgeable about the entitlements to the land. It has the disadvantage however, that the chief might have an interest in the disputed lands, and be biased, or appear to be biased. There is the further disadvantage that the chief might make a decision without listening fully to one or more of the disputants, and, as a result, make a decision which is incorrect or is considered to be unfair .