Today, this and other practices would fall short of the constitutional requirements. 4.3 Customary Law needs to be proved in the High Court A difficult notion in independent Zambia is the treatment of customary law on the same footing as foreign law. It needs to be proved. In contrast, the court is presumed to know the common law of England and the principles of equity. These are part of the received foreign law.
Indigenous law remains outside the province of the highest courts.
This anomaly undermines the development of free cultural expression of the people through the legal system.