Browsing by Subject "Customary law"
Now showing items 1-13 of 13
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Balancing emancipatory legal pluralism and cultural relativism
(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 ... -
A critical analysis of Zimbabwe’s legal response to traditional cultural practices and gender- based violence.
(University of the Western Cape, 2014)The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women ... -
Divorce in matrilineal customary law marriage in Malawi: a comparative analysis with the patrilineal customary law marriage in South Africa
(University of the Western Cape, 2005)This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, ... -
Evaluating the impact on the girl child through the criminal activities associated with the practice of ukuthwala
(University of the Western Cape, 2020)Ukuthwala is an ancient cultural practice that has been exercised in various parts of South Africa, especially in the Eastern Cape. It occurs in different communities and is informed by traditional beliefs. The man’s family ... -
Finding new coping mechanisms: the impact of HIV and AIDS on women's access to land in Mozambique
(University of the Western Cape, 2008)In this full thesis, I explore the impact that HIV and AIDS pandemic is having in the livelihood strategies of rural women in Mozambique. My intention in this work is to highlight the navigation of Mozambican women through ... -
Realising the right to property for women in rural Lesotho
(University of Western Cape, 2021)The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of ... -
The role of land reform in addressing women empowerment in the rural communal area of Nqandu, Eastern Cape, South Africa
(University of Western Cape, 2020)Endless debates on the land reform policy and the ‘radical’ proposed strategy of expropriating privately-owned land without compensation had South Africans questioning the effects of the strategy, and the unpopular decision ... -
Towards effective multilateral protection of traditional knowledge within the global intellectual property framework
(University of the Western Cape, 2017)Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the ... -
The traditional Leadership and Governance Framework Act, 2003, and its subsequent provincial legislation: a critical review of attempts at integrating traditional leadership into the new democracy in South Africa
(University of the Western Cape, 2007)The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership ... -
Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
(University of the Western Cape, 2022)The concept of ubuntu has exercised the minds of many philosophers and jurists in recent times. This arises from the fact that the concept has many facets to it – etymological, linguistic, ethical and juridical – all of ... -
War crimes under international customary law: the historical development and the legal issues
(University of the Western cape, 1999)War is characterizedby outburst of primitive, raw violence and has always played an important role in the history of mankind. When states or groups within a state cannot or will not settle their disagreements or differences ... -
"War in the home'' marriage and mediation among the Gurage in Ethiopia
(University of the Western Cape, 2011)Ethiopian ethnic groups exhibit highly autochthonous cultural norms and values that are embedded in their traditional beliefs, systems, and religions. This study shows how, at the grassroots level, the Gurage ethnic group ...