After decades of non-recognition, customary law is today recognised as a valid system of
law in South Africa treated as equal to the common law. The article examines how the …

This chapter considers the South African Constitution's performance in respect of the
realisation of goals pertaining to selected rights. The Constitution recognises the gross …

South Africa's mixed, pluralistic legal order demands a nuanced approach to cultural
expertise in litigation. Culture in general and cultural expertise in particular have always …

This article describes different approaches in which courts have determined the validity of
customary marriages under the Recognition of Customary Marriages Act in order to address …

Redesigning Justice for Plural Societies; Case Studies of Minority Accommodation from around the
Globe; First Edition Page 1 Page 2 Redesigning Justice for Plural Societies This volume examines …

Abstract The Recognition of Customary Marriages Act 1998 (the Act) regulates all matters in
relation to customary marriages in South Africa. The Act was specifically enacted to …

abstract The National Movement of Rural Women (NMRW), formerly known as the Rural
Women's Movement, was established in 1990 with a focus on, among others, uniting rural …

During the colonial and apartheid era, indigenous people of South Africa, predominantly the
black majority conducted their marriages under their customary and traditional laws …

In the context of legal plurality and the courts, this chapter deals with three issues: the
challenge of proving the content of living customary law in a court designed to administer …