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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:African customary laws and the new Constitution of the post-apartheid South Africa: a case study of the African traditional marriage system and the Civil Union Act of 2006
Author:Mekoa, ItumelengISNI
Year:2012
Periodical:Indilinga: African Journal of Indigenous Knowledge Systems
Volume:11
Issue:2
Pages:221-232
Language:English
Geographic term:South Africa
Subjects:customary law
constitutions
Bill of Rights
homosexuality
marriage law
Link:http://hdl.handle.net/10520/EJC132014
Abstract:This article examines the current debate in South Africa about the rights of gays and lesbians and their treatment within African communities. It deals with the rights of lesbians and gays as stipulated in the Constitution of the Republic of South Africa, which are conflicting with African customary law. The cornerstone of the new South African Constitution is the Bill of Rights, which enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom. It also states that the South African State must respect, protect, promote and fulfil these rights in the Bill of Rights (Constitution of the RSA, 1996). In 2006 the South African Parliament passed a Civil Union Act regulating same-sex marriages. However, this Act has been considered in conflict with African customary law with regard to marriage. The article examines how some government policies can be seen to be in conflict with values of the majority of the population, in this case, those of the African majority versus various minority rights as guaranteed in the Constitution. Bibliogr., sum. [Journal abstract, edited]
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