Customary Law
latest news & developmentsMarriage Bill won't stop 'ukuthwala'
South Africa's proposed Marriage Bill aims to curb child and forced marriages, but researchers warn that legal prohibitions alone cannot end violent ukuthwala without addressing…
Moravian Church legal battle at heart of indigenous land rights
Descendants of the indigenous people who lived on the land, predominantly Khoi and slaves, want to be able to control and govern the land their forefathers worked
Zulu king’s divorce sparks debate over tradition, modernity and royal life
Misizulu kaZwelithini’s divorce comes amid tensions in the royal family from those who dispute his ascension to the throne
Customary wives in fight against marital abuse
Depending on the resources they have access to, women can call family meetings to shame their husbands or use the full weight of statutory law
Customary law can pose problems for widows
Despite a new Act, many women and children are up against discriminatory practices
An urgent rethink on customary law is needed
The Constitution, in chapter 12, recognises "the institution, status and role of traditional leadership, in terms of customary law".
In Pondoland, confusion will reign till kingdom come
The small kingdom of Pondoland is fiercely independent and has a history of rebellion, and now, of internal fighting.
ConCourt overturns Zuma’s decision on Qawukeni king
A decision made by President Jacob Zuma on the kingship of the AmaMpondo AseQawukeni has been set aside by the Constitutional Court.
Left in the lurch: New hope for women in polygynous limbo
A new court ruling will help women in polygynous marriages access their rights to inheritance after the death of a husband, writes Faranaaz Parker.
When ‘culture’ clashes with gender rights
Ukuthwala is a practice that involves the abduction and forced marriage of girls who are frequently under-aged.
Bound by the bill of rights
A constitutional expert examines what the imperative to respect cultural diversity really means, in terms of customary law.
By force of law
Customary law is not separate and distinct from the Constitution. Its existence and authority are drawn from it, argues a constitutional expert.
Customary law debated in Constitutional Court
A KwaZulu-Natal woman had Constitutional Court judges grappling with how to protect customary law on Thursday.