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IND2601 UNIQUE NUMBER: 584619ASSIGNMENT ONE
, Question One
In terms of Chapter 2 of the Bill of Rights of the Constitution of the Republic of South Africa,
1996, it gives recognition to both cultural and religious equality and protection. Section 30 and
31 provide the basis of a new approach to customary law.
Section 30 is based on language and culture and reads :
“Everyone has the right to use the language and to participate in the cultural life of their
choice, but no one exercising these rights may do so in a manner inconsistent with any
provision of the Bill of Rights.” 1 This recognition is derived from the right to participate in
the culture of one’s own choice. We need to understand that the concept of “culture’
does not have a singular or unambiguous meaning and thus can be interpreted to
include systems of personal law, which is the rights regarding a person, irrespective
where in the world that person is and if often associated with a specific culture. It may
also be interpreted to include only the non-legal aspects of social life.
Due to other systems of personal law being given express recognition by the
Constitution, the concept of “culture “as mentioned in Section 30 can also be interpreted
to include customary law. When Section 30 is read with Section 15 in the Constitution, it
is believed to have paved the way for the recognition of customary marriages as
“marriages” for all purposes.
Section 15 (3) (a) reads as follows:
(3) (a) This section does not prevent legislation recognizing -
(i) marriages concluded under any tradition, or a system of religious, personal or family
law; or
(ii) systems of personal and family law under any tradition, or adhered to by persons
professing a particular religion.
1
https://www.justice.gov.za/legislation/constitution/SAConstitution-web-eng-02.pdf. Last accessed27/05/2021
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