Exploring Customary Law and Gender in South Africa

Ashinaga UK Scholar, Merveille, who is currently completing her LLB at the University of Warwick, recently conducted a deeply insightful research project entitled, “Masculinity in Customary Law and the Constitutional Rights of Women in South Africa.” Her project examines the complex relationship between colonial history, masculinity, and women’s rights in post-apartheid South Africa.

As part of the Ashinaga Africa Initiative leadership scholarship, all Scholars explore issues local to their country and community and aim to propose change. Merveille turned her attention to a powerful question: Why does gender inequality persist in South Africa, despite one of the most progressive constitutions in the world?

Abstract:

“The South African Constitution is one of the best in the world because it was a vested effort in undoing the legalised oppressions of the Apartheid regime. Non-sexism is a constitutional value that mandates gender equality in all facets of life. However, South Africa is one of the most dangerous countries to live in as a woman, and women experience economic disadvantage and violence at disproportionate rates to their male counterparts. Through primarily desk-based research and the support of an interview with Customary Law expert Ms. Ebrezia Johnson of Stellenbosch University, this research seeks to understand this state of affairs. The main finding of this research was that gender equality legislative enactments have fallen short of their goals in the face of decades of masculinity being shaped by the economic, social, and political features of colonialism and Apartheid. This has resulted in a ‘crisis of masculinity’ in which men struggle to reclaim their pre-colonial manifestation of masculinity whilst rejecting their white supremacist-shaped masculinity. In this identity struggle, women are collateral.

Zulu masculinity was the focus of this research because the Zulu are the largest ethnic group in South Africa and thus a suitable investigative group to understand the prevailing form of masculinity in the country.”

Merveille’s work is available on the University of Warwick website: https://urss.warwick.ac.uk/items/show/717. Her podcast discussing her research can be found here.

Reflecting on her work, Merveille shared: “It brings me joy to positively reframe customary law in the minds of international audiences, and contribute towards a social equalising of customary and constitutional law.”

We are incredibly proud of Merveille’s dedication to meaningful, socially engaged research. Her work reflects the heart of Ashinaga’s mission - to empower young people to use their education as a force for positive change on the African continent. By working with prestigious institutions such as the University of Warwick and through the support of generous donors, Ashinaga has been able to empower many future Young Leaders for Africa to become changemakers!

If you would like to support Ashinaga Scholars in the UK, and help the next generation of young leaders for Africa, get in touch with us via partnerships.uk@ashinaga.org