With September being
Heritage Month, South Africans are reflecting on where we come from. During this time, many look back at how far we have travelled, and how much further we still need to go.
Gender-based violence, a constant stain on the fabric of our society, means any celebratory moments are tempered by the need to interrogate where we are going wrong. Dr Rita Ozoemena, Senior Lecturer at the
Free State Centre for Human Rights (FSCHR), has reminded South Africans that we can take comfort from at least one certainty: “The
Constitution is a living heritage of all South Africans that has provided for the protection of all persons, including women’s rights,” she said.
Living traditionally ever after
At a recent community engagement programme the
University of the Free State Law Clinic and the FSCHR visited Thaba 'Nchu and Dewetsdorp to empower women by educating them about their rights as protected in the Constitution. Experts explored the theme ‘Women’s Rights and Customary Law Marriages’.
Having a living heritage in the form of the Constitution gives a voice to the voiceless and power to the powerless, the audience heard. In the case of customary law, Dr Ozoemena said, “Lobola forms part of the conclusion of a customary marriage. The ‘handing over’ of a bride is an aspect of custom and practice. Young girls under the age of 18 cannot be married under customary law.”
She added that women of legal age who wish to live ‘traditionally ever after’ need to “ensure that their marriage complies with the requirements set out in Section 3 of the Recognition of Customary Marriages Act, and also make certain that the customary marriage is registered with the
Department of Home Affairs to avoid unintended consequences.”
Customary law is our heritage
On 27 and 28 October 2022 the FSCHR will host a conference titled ‘African Customary Law and Transformation: Towards a Gender Responsive Approach’. Since African customary law is an integral part of the post-1994 South African legal system, the conference will focus on the South African transformation project and how it has influenced the development of African customary law in marriage.
Robust discussions will hone in on topics around feminist jurisprudence in African customary law; customary marriage in South Africa and its future; the role of rituals in customary law; gender equality and African customary law; and women and traditional leadership.