The case settles a longstanding question: how does a civil marriage affect a couple’s earlier customary marriage?
- Professor of African legal pluralism, University of the Western Cape
Although the judgment promotes gender equality, it opens another chapter in the struggle between customs and constitutional rights.
A balance needs to be struck between the protection of teenagers and the preservation of culture.
Zulu custom opposes divorce except in very particular circumstances. But King Misuzulu kaZwelithini has turned to the courts to end his marriage.
South African law hasn’t specifically recognised the traditional concept of a communal family house.
The governing ANC’s indifference to constitutionalism has left the constitution vulnerable to opportunistic attack by politicians.
The Marriage Bill should strike a balance between preserving non-discriminatory cultural and religious practices and promoting liberal values.
South African legislators are steadily moulding indigenous laws into the image of western laws.
When judges, legislators, and policymakers neglect the foundational dynamics of indigenous customs, they worsen conflict between indigenous laws and state laws.
South African customary law should be understood from the perspective of dissonance between the past and the present.
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