South African customary law should be understood from the perspective of dissonance between the past and the present.
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To afford sufficient protection to marginalised people in society - such as women in minority religious communities - the state must recognise and regulate religious marriages in a nuanced way.
The doctrine of equality is ingrained both in theory and in the express provisions of Lesotho’s constitution.
Both South Africa’s courts and its legislature have failed to do their bit in creating a culturally diverse society.
For real integration to happen, the Pan African Parliament needs to be imbued with supranational law-making powers. But national sovereignty is something that many states are reluctant to give up.
Top contributors
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Emeritus Professor of Private Law, University of Cape Town
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Professor of Legal Pluralism, Religious Family Laws, and Human Rights, University of Cape Town
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Reader in the School of Law and Politics, University of Hull
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Head of Department, Public and Environmental Law Department, University of Limpopo
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Director, Centre for Legal Integration in Africa, University of the Western Cape
