Theses and Dissertations
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Browsing Theses and Dissertations by Subject "340.5268"
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Item Open Access An analysis of the impact of the right to equality on the South African customary law and legislation(2012-12-10) Rapudi, Jonathan; Choma, Hlako J.; Maluleke, Life R.South Africa is a country in transition from a society based on inequality to one that is based on equality. The achievement of equality is one of the fundamental goals that South Africans have fashioned for themselves in the current Constitution1 that has an entrenched Bill of Rights. The constitutional order is committed to the transformation of the entire South African society from a grossly unequal society to one in which there is equality between men and women and people of all races. Equality is embodied as a value and a fundamental human right in the Constitution. The aim of the study is to establish as to what impact the Constitution has on customary law and legislation that conflict with the right to equality as enshrined in its Bill of Rights. In order to achieve the aim, primary data was collected from key informants and the available literature. Upon analysis of the data, the researcher concluded the study with a finding that the Constitution has an overriding effect on customary law and legislation that conflict with the right to equality in South Africa. This is because the Constitution is the supreme law in the country as a whole and any law that is repugnant to it is invalid.Item Embargo Gender equality under customary law: an analytical study on the developments of women's rights under customary law(2025-05-16) Mabuza, Simon Promise; Mopai, Z. B. M.; Mokoena, U.C. A.African traditional customs have historically been criticized for perpetuating practices that undermine women's rights. Rights to equality, human dignity, and bodily and psychological integrity have been suppressed under many Indigenous customs. Historically, customary law systems were structured in ways that disadvantaged women, particularly in areas such as marriage, inheritance, and traditional authority. Patriarchal norms entrenched in customary law before the democratic era afforded men significant privileges over women, especially in leadership roles within society and the family. Consequently, many customary law norms remain at odds with human rights principles that promote gender equality. Although South Africa has made significant strides in reforming customary law to align with constitutional principles and ensure gender equality, women living in traditional communities still face systemic barriers to justice. Many of these challenges stem from limited access to legal recourse and continued reliance on traditional leaders to interpret and enforce customary norms. While constitutional rights theoretically apply to all citizens, women in rural areas often experience these rights as inaccessible or ineffective due to entrenched traditional practices. This study examines the progress made by South Africa's judiciary and government in addressing the historical injustices of customary law. It evaluates the effectiveness of constitutional protections and judicial interventions in safeguarding women’s rights under customary systems. Finally, this paper argues for the need to strengthen oversight of traditional communities and integrate government institutions into areas governed by customary law. These measures aim to enhance awareness and enforcement of women's rights, ensuring their full realisation in practice.