Tag: custom

Outrage as men traditional leaders oust women from initiation debate*

Outraged responses poured in on social media yesterday after the Daily Dispatch published the comments of male traditional leaders who rebuked their female counterparts for speaking out against the death toll associated with initiation practices in the province. More than 500 boys have died as a result of initiation practices in the last eight years, …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/outrage-men-traditional-leaders-oust-women-initiation-debate/

Advocacy for women’s land rights: Plotting the way forward

The story of Dudu Xaba from KwaZulu Natal shows vividly how land rights and livelihoods are intertwined. Xaba’s late father left her a farm in his will but her half-brother claimed it, arguing only a male heir could inherit the plot. The brother and the local chief threatened her with violence if she persisted with …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/advocacy-womens-land-rights-plotting-way-forward/

Historical evidence crucial for decisions about custom

The eve of Heritage Day presents an opportunity to reflect on how history and its making influence contemporary laws and debates about custom. Legal arguments about chieftainship and customary rights and entitlements often make reference to the past. What is the place of historical research in litigation? How do we construct an accurate view of …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/historical-evidence-custom/

Customary status of “ukuthwala” debated since 19th century

Current debates over ukuthwala invoke the idea of custom to both criticise and justify the practice. Participants on both sides of this debate use historical claims to justify their position. The legal status of custom is not determined by history, but for many observers the popular legitimacy of custom depends on a practice’s deep historical …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/customary-status-of-ukuthwala-debated-since-19th-century/

Custom Contested