Theses and Dissertations

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Browsing Theses and Dissertations by Author "Mokoena, U. C. A."

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    The intersection between the theory of feminism and the right to equality in the Constitution of the Republic of South Africa, 1996, in relation to the right of women to succeed to traditional leadership
    (2025-09-05) Ravele, Gudani; Mzolo, N.; Mokoena, U. C. A.
    This study critically examined the intersection of feminism and the constitutional right to equality in South Africa, focusing on women’s succession rights to traditional leadership positions. Despite the progressive constitutional framework that guarantee=d equality and prohibited gender-based discrimination, customary law practices most notably the principle of male primogeniture continued to marginalise women within traditional leadership succession, reflecting deeply entrenched patriarchal norms. The aim of the research was to analyse the legislative and judicial frameworks addressing equality and their efficacy in ensuring women’s rights to succeed in traditional leadership. The objectives included evaluating feminism values and theories relevant to gender equality and assessing judicial interpretations that influenced customary law reform in South Africa. Adopting a doctrinal methodology, the study analysed statutes, landmark court decisions such as Bhe and Shilubana and feminism theories to understand the evolving legal landscape. No empirical data collection was undertaken, ensuring a focused legal and theoretical enquiry. Findings revealed ongoing tensions between constitutional mandates for substantive equality and customary practices governed by patriarchal traditions. Judicial interventions progressively invalidated discriminatory customs, fostering greater recognition of women’s leadership rights. However, challenges remained in fully aligning customary succession practices with gender equality principles. The study concluded that achieving substantive gender equality in traditional leadership succession necessitated continued legal reform informed by feminism and a commitment to constitutional values. Such reforms were essential to dismantle entrenched patriarchal barriers and uphold women’s human dignity, equality and freedom with the South African society.