The case settles a longstanding question: how does a civil marriage affect a couple’s earlier customary marriage?
Articles on colonial laws
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Although the judgment promotes gender equality, it opens another chapter in the struggle between customs and constitutional rights.
Mali’s new penal code came into effect on 13 December 2024. It equates same-sex sexual relations with indecent assault and makes it a criminal act.
In Namibia it’s a criminal offence for men to have sex with men – but the high court has overturned this as unconstitutional. The state will no doubt appeal.
Centuries ago, women could “plead the belly” - argue they were pregnant to avoid the death penalty. It gave rise to the female jurors in Australian courtrooms.
What are ‘squatters’ rights’ and do they apply in Australia? They do, but using them will likely prove difficult.
In over 30 countries LGBTIQ+ people would face imprisonment. Progress has been made but there is still a long way to go.
Before colonialism black South Africans viewed sex and morality very differently than today.
She paved the way for women to play the mbira – and then took the ancient tradition global.
Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
The early Australian colony of thieves was all about crime and crime control; the details, from the mid-1800s, were published in what came to be known as the Police Gazette. Now it’s been visualised.
There are two histories of dagga in South Africa - the one of criminalising it and the other of the state trying to make money off it.
The unstable authoritarian pathway that many post-colonial African states followed was facilitated by the way in which European empires undermined democratic elements within African societies.
The recent ruling to decriminalize same sex behaviour in Botswana may have a positive impact on the rest of southern Africa.
Top contributors
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Professor of African legal pluralism, University of the Western Cape
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Lecturer in Human Rights Law, University of Namibia
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Professor of History, University of Johannesburg
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Senior lecturer, University of Cape Town
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Senior Lecturer, Stellenbosch University
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Director, International Development Department, University of Birmingham
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Professor of Democracy, University of Birmingham
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Professor of Global Development Studies, Queen's University, Ontario
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Professor in Law, Macquarie University
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Honorary Associate Lecturer, School of Humanities and Social Science, University of Newcastle
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Program Convenor, Criminology, University of Newcastle
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South African Research Chair in Sexualities, Genders and Queer Studies, University of Fort Hare
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Socio-anthropologue, Institut des mondes africains (IMAF), Centre national de la recherche scientifique (CNRS)
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Assistant Professor, University of California, Santa Barbara