Browsing Faculty of Law by Author "Diala, Anthony C."
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Balancing emancipatory legal pluralism and cultural relativism
Gazi, Bonga (University of the Western Cape, 2022)The concept of legal pluralism receives tremendous attention in sub-Saharan Africa. Notably, this attention arises because of the domineering tendency displayed by transplanted European legal orders now known as state ... -
Comparative analysis of the legal framework for adoption under African customary law
Akande, Titilayo Joan (University of the Western Cape, 2022)While there is a comprehensive legal framework for the adoption of children under statutory law in Nigeria, South Africa, and Botswana, there is far less clarity on customary law adoption. This study explored how the ... -
Implications of patriarchal customs on the enjoyment of human rights by women and children in South Africa
Ndivhuwo, Mudzwiri (University of the Western Cape, 2023)This study argues that in South Africa, women and children lack sufficient knowledge about their human rights, specifically their cultural rights. Human rights are inherent in everyone simply because they are human. Human ... -
Variations in the adoption of children: African versus Western Jurisprudence
Aplane, Kelebogile Magan (2024)During the colonial era, South Africa's indigenous normative order was subjugated by European laws, which led to a distortion of indigenous laws and the perception that Western jurisprudence was the supreme law. However, ...