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Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom
This study looks into the ways in which official customary law addresses succession complexities and legitimacy in woman-to-woman marriages. The social, political, cultural and legal background against which these marriages are concluded show the history of succession in woman-to-woman marriages and...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2018
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| _version_ | 1867613625547489280 |
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| access_status_str | Open Access |
| author | Maphalle, Kagiso Annette |
| author2 | Himonga, Chuma |
| author_browse | Himonga, Chuma Maphalle, Kagiso Annette |
| author_facet | Himonga, Chuma Maphalle, Kagiso Annette |
| author_sort | Maphalle, Kagiso Annette |
| collection | Thesis |
| description | This study looks into the ways in which official customary law addresses succession complexities and legitimacy in woman-to-woman marriages. The social, political, cultural and legal background against which these marriages are concluded show the history of succession in woman-to-woman marriages and the position of women and children. The thesis highlights provisions of customary succession laws legislators sought to redress through the Reform of Customary Law of Succession and Related Matters Act 11 of 2009 and the Recognition of Customary Marriages Act 120 of 1998, which affect widowed spouses and certain children in customary marriages. The study uses literature review, case analysis and interviews to investigate the operation and legitimacy of woman-to-woman marriages, the benefits or harmful effects thereof, the background, context and history of the customary law of succession and acceptance of children in Bolobedu, and the application of living customary law. The study finds that woman-to-woman marriages are legitimate customary marriages under Lobedu customary law. It also finds that customary succession laws in such marriages have traces of patriarchy, although the community is under a matriarchal system of governance. It finds that the rule of male primogeniture is still applicable, and that women do not have a right to inherit from their deceased parents except at the discretion of the male heir. It finds that the acceptance of children in woman-to-woman marriages includes the performance of ceremonies symbolising the female husband's acceptance, and the child's use of her surname. It further finds that the application of official customary laws in Bolobedu is negligible, with the living customary law being the applicable law for all succession disputes. A further finding is the general lack of knowledge and understanding of succession rights under official customary laws by the community and their traditional leaders, who are aware only of provisions of the Lobedu living customary law which they readily provide. The study concludes that the legislators, judiciary and policy makers' lack of knowledge and understanding of woman-to-woman marriages and its accompanying succession laws inhibits and limits the adequacy of official customary law to regulate succession complexities. Rural communities' perceptions of their rights and knowledge of customary laws of succession, the practicality of provisions of official customary laws of succession, and their relatability to lived realities of rural communities further add to the inadequacy of official customary law. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/26908 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:39:07.655Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/26908 Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom Maphalle, Kagiso Annette Himonga, Chuma Diallo, Fatimata Private Law Customary Law This study looks into the ways in which official customary law addresses succession complexities and legitimacy in woman-to-woman marriages. The social, political, cultural and legal background against which these marriages are concluded show the history of succession in woman-to-woman marriages and the position of women and children. The thesis highlights provisions of customary succession laws legislators sought to redress through the Reform of Customary Law of Succession and Related Matters Act 11 of 2009 and the Recognition of Customary Marriages Act 120 of 1998, which affect widowed spouses and certain children in customary marriages. The study uses literature review, case analysis and interviews to investigate the operation and legitimacy of woman-to-woman marriages, the benefits or harmful effects thereof, the background, context and history of the customary law of succession and acceptance of children in Bolobedu, and the application of living customary law. The study finds that woman-to-woman marriages are legitimate customary marriages under Lobedu customary law. It also finds that customary succession laws in such marriages have traces of patriarchy, although the community is under a matriarchal system of governance. It finds that the rule of male primogeniture is still applicable, and that women do not have a right to inherit from their deceased parents except at the discretion of the male heir. It finds that the acceptance of children in woman-to-woman marriages includes the performance of ceremonies symbolising the female husband's acceptance, and the child's use of her surname. It further finds that the application of official customary laws in Bolobedu is negligible, with the living customary law being the applicable law for all succession disputes. A further finding is the general lack of knowledge and understanding of succession rights under official customary laws by the community and their traditional leaders, who are aware only of provisions of the Lobedu living customary law which they readily provide. The study concludes that the legislators, judiciary and policy makers' lack of knowledge and understanding of woman-to-woman marriages and its accompanying succession laws inhibits and limits the adequacy of official customary law to regulate succession complexities. Rural communities' perceptions of their rights and knowledge of customary laws of succession, the practicality of provisions of official customary laws of succession, and their relatability to lived realities of rural communities further add to the inadequacy of official customary law. 2018-01-23T12:08:24Z 2018-01-23T12:08:24Z 2017 Master Thesis Masters LLM http://hdl.handle.net/11427/26908 eng application/pdf Department of Private Law Faculty of Law University of Cape Town |
| spellingShingle | Private Law Customary Law Maphalle, Kagiso Annette Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| thesis_degree_str | Master's |
| title | Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| title_full | Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| title_fullStr | Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| title_full_unstemmed | Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| title_short | Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom |
| title_sort | succession in woman to women marriages under customary law a study of the lobedu kingdom |
| topic | Private Law Customary Law |
| url | http://hdl.handle.net/11427/26908 |
| work_keys_str_mv | AT maphallekagisoannette successioninwomantowomenmarriagesundercustomarylawastudyofthelobedukingdom |