Mail & Guardian
Mail & Guardian
customary lawlatest news & developments
The Moravian Church
has congregations around the world, with more than a million members. South Africa, with 103  000 members, has one of the largest congregations. (Photos: Jonathan Hendricks)

Moravian Church legal battle at heart of indigenous land rights

Descendants of the indigenous people who lived on the land, predominantly Khoi and slaves, want to be able to control and govern the land their forefathers worked

Zulu King Misuzulu kaZwelithini arrives ahead of the inauguration of Cyril Ramaphosa as South African president at the Union Buildings in Pretoria on June 19, 2024. (Photo by PHILL MAGAKOE / POOL / AFP)

Zulu king’s divorce sparks debate over tradition, modernity and royal life

Misizulu kaZwelithini’s divorce comes amid tensions in the royal family from those who dispute his ascension to the throne

South Africa’s rates of domestic violence are among the highest in the world. Finding ways to deal with this social crisis could include community-based solutions. (Delwyn Verasamy/M&G)

Customary wives in fight against marital abuse

Depending on the resources they have access to, women can call family meetings to shame their husbands or use the full weight of statutory law

The woman who claims to have been married to the deceased must prove that a customary marriage existed before the distribution of the estate can be addressed. (Delwyn Verasamy/M&G)

Customary law can pose problems for widows

Despite a new Act, many women and children are up against discriminatory practices

In Pondoland, confusion will reign till kingdom come

The small kingdom of ­Pondoland is fiercely ­independent and has a history of rebellion, and now, of internal fighting.

An urgent rethink on customary law is needed

The Constitution, in chapter 12, recognises "the institution, status and role of traditional leadership, in terms of customary law".

ConCourt overturns Zuma’s decision on Qawukeni king

A decision made by President Jacob Zuma on the kingship of the AmaMpondo AseQawukeni has been set aside by the Constitutional Court.

President Jacob Zuma recently married his sixth wife in a traditional ceremony in Nkandla.

Left in the lurch: New hope for women in polygynous limbo

A new court ruling will help women in polygynous marriages access their rights to inheritance after the death of a husband, writes Faranaaz Parker.

When ‘culture’ clashes with gender rights

When ‘culture’ clashes with gender rights

Ukuthwala is a practice that involves the abduction and forced marriage of girls who are frequently under-aged.

Bound by the bill of rights

A constitutional expert examines what the imperative to respect cultural diversity really means, in terms of customary law.

By force of law

Customary law is not separate and distinct from the Constitution. Its existence and authority are drawn from it, argues a constitutional expert.

Customary law debated in Constitutional Court

A KwaZulu-Natal woman had Constitutional Court judges grappling with how to protect customary law on Thursday.