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the state and indigenous legal cultures: law in search of legitimacy
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Reform of Customary Marriage, Divorce and Succession in South Africa: Living Customary Law and Social Realities.

Published on:12 June at 03:13PM
Author:Chaire de recherche du Canada sur la diversité juridique et les peuples autochtones

Professor Chuma Himonga the coinvestigator leading the South Africa team involved in the SSHRC partnership project, with her colleague Elena More wrote a book entitled Reform of Customary Marriage, Divorce and Succession in South Africa: Living Customary Law and Social Realities.

The publication comes after 20 months of fieldwork across six provinces in South Africa to explore how laws regarding the Recognition of Customary Marriages Act, and the rules of succession formulated in Bhe v Magistrate, Khayelitsha were being implemented in practice after more than a decade of their enactment.

The research conducted by Professor Himonga and Professor Elena was possible thanks to the participation of individuals living according to customary law and some State officials, courts, and traditional leaders.

The research objectives was to provide an in-depth analysis of the laws implementation and to outline what remains to be done to improve their application.

Click here to read the Summary Research Report.

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