Tongue-in-cheek phrase appears in 1828 in "The Fair Maid of Perth" by Sir Walter Scott: It's not clear how Scott intended readers to understand the phrase. The more modern ironic sense appears in the 1842 poem "The Ingoldsby Legends" by the English clergyman Richard Barham, in which a Frenchman inspects a watch and cries: The ironic usage originates with the idea of suppressed mirth—biting one's tongue to prevent an outburst of laughter. Tongue-in-cheek The idiom tongue-in-cheek refers to a humorous or sarcastic statement expressed in a mock serious manner. The phrase originally expressed contempt, but by 1842 had acquired its modern
Customary law in South Africa the relative unreliability of written sources on customary law, and the fact that there may be competing versions of customary law presented in evidence, when such is appealed to. In a subsequent case of "Shilubana and Others v Nwamitwa", the Constitutional Court spelled out the principles that should govern how living customary law rules are identified by courts and when courts should develop the customary law. Ms Shilubana, of the Valoyi traditional community, which is located in the Limpopo Province of South Africa, was appointed as hosi (chief) of her people contrary to the past practice of the eldest son