The Constitution recognises traditional leaders and indigenous or customary law. It says the courts can apply customary law if it is appropriate in a case. But, customary laws cannot go against the Constitution. So, if a customary law goes against the Bill of Rights it will be regarded as invalid.

The Constitution establishes a national council of traditional leaders and provincial councils of traditional leaders. These councils allow traditional leaders to play an advisory role on matters relating to traditional leaders and customary law in national and provincial governments. (See: Traditional Leadership)