n Stellenbosch Law Review = Stellenbosch Regstydskrif - "Equality" misplaced in the development of the customary law of succession : lessons from 2009 2 SA 66 (CC)

Volume 20, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This article analyses 2009 2 SA 66 (CC) and the legal framework in which it was decided, and considers its implications for the future of the customary law of succession to chieftaincy in South Africa. It is argued that the characterisation of gender equality as irreconcilable with the values and principles of customary law undermines the very social change objectives that are entrenched in the Constitution.

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