n South African Law Journal - The nature and future of customary law : notes
|Article Title||The nature and future of customary law : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Publication Date||Jan 2009|
|Pages||677 - 689|
The Constitutional Court has discussed the nature and future of customary law (also referred to as 'indigenous law') in a number of cases, the most recent being Gumede v President of the Republic of South Africa & others 2009 (3) SA 152 (CC) (Gumede). In this case it was decided that all monogamous-in-fact customary law marriages are to be treated as equal to marriages in South African general (common) law. On this last mentioned term see the section on 'Terminology' in my case note entitled 'The Constitution and customary law' (2009) 126 SALJ 39. The other cases are Alexkor Ltd v The Richtersveld Community 2004 (5) SA 460 (CC) (Alexkor); Bhe v Magistrate, Khayelitsha (Commission for Gender Equality as Amicus Curiae); Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa 2005 (1) SA 580 (CC); (Bhe) and Shilubana & others v Nwamitwa 2009 (2) SA 66 (CC) (Shilubana).
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