If the traditional authority had not amended its past practices for appointing traditional leaders, and no contemporary practices have been adopted in line with the values of the new constitutional order, the version of customary law that the traditional authority would have had to apply in their recommendations would have been their unamended past practices; and the result would be to recommend X for appointment. For the same reasons of history, tradition, culture and gender, Y would have failed to persuade the traditional authority to recommend her. The same cases as in (i) above remain applicable