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An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Thesis (LLM)--Stellenbosch University, 2025.
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| Format: | Thesis |
| Language: | English |
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Stellenbosch : Stellenbosch University
2025
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| _version_ | 1867613998691647488 |
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| access_status_str | Open Access |
| author | Melato, Lerato Nthabiseng |
| author2 | Rudman, Annika |
| author_browse | Melato, Lerato Nthabiseng Rudman, Annika |
| author_facet | Rudman, Annika Melato, Lerato Nthabiseng |
| author_sort | Melato, Lerato Nthabiseng |
| collection | Thesis |
| dc_rights_str_mv | Stellenbosch University |
| description | Thesis (LLM)--Stellenbosch University, 2025. |
| format | Thesis |
| id | oai:scholar.sun.ac.za:10019.1/132614 |
| institution | Stellenbosch University (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:45:01.662Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from SUNScholar — Stellenbosch University Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Stellenbosch : Stellenbosch University |
| publisherStr | Stellenbosch : Stellenbosch University |
| record_format | dspace |
| source_str | SUNScholar — Stellenbosch University Repository |
| spelling | oai:scholar.sun.ac.za:10019.1/132614 An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Melato, Lerato Nthabiseng Rudman, Annika Stellenbosch University. Faculty of Law. Dept. of Public Law. Human rights -- South Africa Women's rights -- South Africa Women -- Legal status, laws, etc. -- South Africa African Charter on Human and Peoples' Rights. (1981 June 27). Protocols, etc. (2003 July 11) Customary law -- South Africa Justice, Administration of -- South Africa UCTD Thesis (LLM)--Stellenbosch University, 2025. Melato, L. N. 2025. An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. Unpublished masters thesis. Stellenbosch: Stellenbosch University [online]. Available: https://scholar.sun.ac.za/items/ab251afc-ff21-4b47-b0dc-ac5210ed660e ENGLISH ABSTRACT: The Constitution of the Republic of South Africa, 1996 (“Constitution”) is clear that international law plays a vital role within South Africa’s legal order. In order for ordinary citizens of South Africa to enjoy the rights afforded to them in terms of the various international law instruments to which South Africa is a State Party, particularly those related to human rights, it is important that there is adequate domestication thereof. Even in the absence of domestication, it is important that any legislation enacted by South Africa does not fall foul of the obligations arising from South Africa’s participation in the system of international human rights law. In late 2023, the President of the Republic of South Africa assented to the Traditional Courts Act 9 of 2022 (“Traditional Courts Act”). Once in force, this legislation will overhaul the current framework for the resolution of disputes by institutions of traditional leadership. The majority of the people who will be impacted by the Traditional Courts Act are black women, particularly those who live in rural areas. Thus, the enactment of this legislation presented a unique opportunity for the partial domestication of obligations arising from several provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (“Maputo Protocol”). The provisions of the Maputo Protocol pertaining to the elimination of discrimination against women and the rights to dignity, access to justice and a positive cultural context in particular align with the scope of the Traditional Courts Act. As such, this study seeks to determine the adequacy of the Traditional Courts Act in light of obligations arising from select provisions of the Maputo Protocol. The study utilises a four-dimensional approach to substantive equality as a theoretical framework with which to analyse the Maputo Protocol and the obligations arising from the provisions thereof. It is proposed that through such an analysis, it is possible to determine whether the provisions of the Traditional Courts Act are adequate. The study concludes by highlighting the deficiencies of the Traditional Courts Act insofar as the Maputo Protocol and explores possible remedies to these deficiencies. AFRIKAANSE OPSOMMING: Geen opsomming beskikbaar. Masters 2025-06-11T13:56:46Z 2025-06-11T13:56:46Z 2025-03 Thesis https://scholar.sun.ac.za/handle/10019.1/132614 en Stellenbosch University ix, 167 pages application/pdf Stellenbosch : Stellenbosch University |
| spellingShingle | Human rights -- South Africa Women's rights -- South Africa Women -- Legal status, laws, etc. -- South Africa African Charter on Human and Peoples' Rights. (1981 June 27). Protocols, etc. (2003 July 11) Customary law -- South Africa Justice, Administration of -- South Africa UCTD Melato, Lerato Nthabiseng An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title | An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title_full | An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title_fullStr | An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title_full_unstemmed | An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title_short | An analysis of the adequacy of the Traditional Courts Act in light of South Africa’s obligations under articles 2, 3, 8 and 17 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
| title_sort | analysis of the adequacy of the traditional courts act in light of south africa s obligations under articles 2 3 8 and 17 of the protocol to the african charter on human and peoples rights on the rights of women in africa |
| topic | Human rights -- South Africa Women's rights -- South Africa Women -- Legal status, laws, etc. -- South Africa African Charter on Human and Peoples' Rights. (1981 June 27). Protocols, etc. (2003 July 11) Customary law -- South Africa Justice, Administration of -- South Africa UCTD |
| url | https://scholar.sun.ac.za/handle/10019.1/132614 |
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