oa Comparative and International Law Journal of Southern Africa - Liability for adultery in South African indigenous law: remarks on the juridical process of psychosexual autonomisation of women



In this article, initially, the question of delictual liability as a result of adultery in terms of indigenous law is discussed. In this regard, the article depends chiefly on ethnographic research. In view of the judicial acculturation process operating within indigenous judicial systems it is often difficult, if not impossible, to determine whether a legal rule is still current and valid. The case law which has been developed in this regard, as well as the relevant legislation which has been made applicable in the meantime, require independent and supplementary research. Against the background of South African indigenous law with regard to liability resulting from adultery the universal legal process of the psycho-sexual liberation of women is explained and projected. For interest's sake reference is also made to the indigenous law of Namibia.


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