ABSTRACT
This Chapter examines the situations in Brazil, Kenya, Nigeria, and South Africa. Like most constitutions, the respective constitutions of Brazil, Kenya, Nigeria, and South Africa are superior to all other laws of each country. The Nigerian Constitution 1999, for example, expressly assigns jurisdictions and judicial roles to the country's Customary Courts and the court officials. Thus, the Nigerian constitution acknowledges the important role of Nigerian traditions, customs, and native laws in the country's social control. The South African constitution recognizes and champions the country's customary law. The Brazilian constitution expressly recognizes the country's indigenous law and justice by affirming the traditions and customs of the country's indigenous populations. The Kenyan constitution recognizes the countries customary law, even though this appears to be restricted to civil matters. The constitution of each of Brazil, Kenya, Nigeria, and South Africa, which constitution mainly supports foreign-style law and justice systems, subjects the customary law of each country to the relevant constitution.
