oa De Rebus - : is it all culturally relative? : feature



One of the fundamental ideals set out in the Preamble of the Constitution is the attainment of a society based on social justice. This ideal will remain a pipedream if the dehumanisation, sexist exploitation and suffering of black women and girls under patriarchal tyranny are allowed to continue under the guise of custom, in particular . The practice of has been thrust into the spotlight by a criminal appeal case of (WCC) (unreported case no 127/2014, 23-3-2015). In a landmark judgment delivered by a full Bench of the Western Cape Division, the court held that is no defence to crimes of rape, human trafficking and assault with the intent to do grievous bodily harm.


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