Are all customs or customary laws to be applied to indigenous people?

There are some customs and customary laws that may, in modern times, be considered by the courts to be so repugnant to basic moral or legal concepts that the courts may be very reluctant to apply them, even though they are not inconsistent with terms of the constitution or of legislation in force in the country.It will be recalled that, in Samoa, the Supreme Court, in Mose v Masame67 (see above), declined to accept a custom that allowed a person to be convicted and penalised for an offence without any opportunity to defend himself.