Feminist approach to Ukuzila custom under the new South African constitutional dispensation

Abstract

This study sought to investigate how the ukuzila practice violates women’s constitutional rights, and how can ukuzila custom be aligned with the constitutional values of gender equality. A qualitative research approach was employed to collect in-depth data through a desktop method. Various legal materials such as legislation, case laws, legal journals, internet sources and books have been utilised and referenced to answer the postulated research questions. Using the liberal feminism theory, the findings of the study reveal that ukuzila violates inter alia the right to equality, right to human dignity, freedom of movement, freedom of religion, belief, and opinion.