1. Section 30 of the 1996 Constitution. Also see s 235. Other key provisions dealing with customary law and traditional leaders are ss 211, 212 and 39(2) of the 1996 Constitution. For a penetrating discussion of these provisions see I Currie ‘Minority Rights: Education, Culture and Language’ and ‘Indigenous Law’ which are chapters 35 and 36 of M Chaskalson et al (eds)Constitutional Law of South Africa(Revision Service 2, 1998). Also see V Sacks ‘Multiculturalism, Constitutionalism and the South African Constitution’ (1997)Public Law672 at 676–80.
2. Sacks, op cit note 3, assumes the same opposition at 688. Sinclair uses similar formulations. For example after a discussion of what the courts should do about polygyny, she writes: ‘It is submitted that here the court should choose to protect sex equality at the expense of culture and religion’ (J Sinclair, ‘Family Rights’ in D van Wyk, et al (eds)Rights and Constitutionalism: The New South African Legal Order(1994) 502 at 565).
3. S Burman ‘Capitalising on African Strengths: Women, Welfare and the Law’ in S Bazilli (ed)Putting Women on the Agenda(1991) 103 at 107.