Custom Contested

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Inclusivity vs. exclusivity: Zulu nationalism’s battle within

For most of the 100 years of the ANC’s history, two distinct strands of Zulu nationalism competed for dominance in the party, especially in KwaZulu-Natal: one conservative, and closed off; the other, progressive and inclusive of other communities. Since the death of Zulu King Cetshwayo in 1883, the leitmotif of politics in what became known …

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Permanent link to this article: https://www.customcontested.co.za/inclusivity-vs-exclusivity-zulu-nationalisms-battle-within/

Validity of “ukuthwala” depends on definition of custom

Since 2008, a series of cases in which young girls have been abducted and forcibly married to much older men in the Eastern Cape and KwaZulu Natal has captured national attention. Journalists and community members have grouped these abductions together under the heading of ukuthwala cases. Men who have committed these abductions defend them as customary, and …

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Permanent link to this article: https://www.customcontested.co.za/ukuthwala/

Sigcau case: Custom is found in practice, not in law or books

The Constitution, in Chapter 12, recognises ‘the institution, status and role of traditional leadership, in terms of customary law’. On the face of it, this provision was simply designed to bring traditional leaders into the constitutional framework. However, legislation dealing with traditional leadership was subsequently enacted and the question then becomes whether this legislation is consistent with …

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Permanent link to this article: https://www.customcontested.co.za/custom-is-found-in-practice-not-in-law-or-books/

Botswana women’s inheritance case gets gender justice award but legal battle unresolved

Women’s Link Worldwide on Jun 18, 2013 gave a Bronze Gender Justice Uncovered Award to the High Court of Botswana for its decision in the case Mmusi v Ramantele in recognition of its significant contribution to promoting gender equality. However, the High Court’s decision was appealed, so the battle for women’s customary inheritance rights in Botswana has not …

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Permanent link to this article: https://www.customcontested.co.za/botswana-womens-inheritance-case-gets-gender-justice-award-but-legal-battle-unresolved/

Voices that matter: Law-making and the Bantustans, 100 years on

In the same chamber that the 1913 Natives Land Act was passed, Parliament marked its centenary with a workshop on “Redressing the legacy of the 1913 Land Act” on June 7-8. Present were parliamentarians, traditional leaders, civil society and rural delegates, all of who were invited to contribute their views on land reform. The make-up …

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Permanent link to this article: https://www.customcontested.co.za/voices-that-matter-law-making-and-the-bantustans-100-years-on-2/

Custom Contested