Judicial "translation" and contextualisation of values : rethinking the development of customary law in Mayelane

Introduction This article revisits the Constitutional Court case Mayelane v Ngwenyama to explore specific aspects of the intersection between customary law and constitutional norms. A particular point of friction between these regimes, brought to the fore by the Court, concerns the status of women....

Full description

Published in: Potchefstroom electronic law journal Vol. 18; no. 4; pp. 1125 - 1160
Main Author: Lewis, L
Format: Journal Article
Language: English
Portuguese
Afrikaans
Published: South Africa North-West University 01-01-2015
North-West University (Potchefstroom Campus)
Subjects:
Law
Online Access: Get full text
Summary: Introduction This article revisits the Constitutional Court case Mayelane v Ngwenyama to explore specific aspects of the intersection between customary law and constitutional norms. A particular point of friction between these regimes, brought to the fore by the Court, concerns the status of women. While rights law insists on the dignity and equality of all persons, customary law is frequently, and often without any relevant qualification, construed as being discriminatory in its treatment of women.
ISSN: 1727-3781
1727-3781
DOI: 10.4314/pelj.v18i4.11