oa Constitutional Court Review - The significance of the living customary law for an understanding of law : does custom allow for a woman to be Hosi?

Volume 2, Issue 1
  • ISSN : 2073-6215



This may seem a strange title for a note on the Shilubana case. Why? Because ultimately, the argument of the National Movement of Rural Women - an invited amicus for the case - that the living customary law does not develop in the sense that Anglo-American lawyers are used to understanding the word was not determinative of the outcome of the case. However, as we will see, I defend the Rural Women's notion of the customary law and the significance it has for the understanding of both the role of custom in law and the place of the past in living customary law.

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