Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960

Simple item page
dc.contributor.advisorMager, Anneen_ZA
dc.contributor.authorKabandula, Abigailen_ZA
dc.date.accessioned2014-10-30T13:52:51Z
dc.date.available2014-10-30T13:52:51Z
dc.date.issued2009en_ZA
dc.descriptionIncludes bibliographical references (leaves 68-73).en_ZA
dc.description.abstractThis thesis explores the ways in which customary law affected the women of the St. Marks district, Transkei between 1940 and 1960. In particular, it examines how women worked within and through customary law and the customary law courts in order to obtain redress for their problems. The thesis discusses the argument that the codification of customary law was the result of collaboration between older African men and colonial administrators and that its effect was to increase and render more rigid the patriarchal control of women. It argues that literature on women and customary law shows that after African customs were codified, their form and content changed in accordance with British administrators' legal and administrative needs. Women's legal and social status was negatively affected. The codified law emphasised the patriarchal aspects of the African custom and reduced women's social status in society. However, the thesis concludes that the question of how far customary law oppressed women has not yet been resolved. Using Customary Law Court Cases and records from the Chiefs Courts, the Native Commissioner Courts and the Native Appeal Courts of St. Marks District in Cofimvaba in Transkei from the late 1930s to the early 1960s, this thesis explores how women viewed themselves in relation to the law and also to the way it was applied by officials in the courts. It also explores and how women negotiated customary law in a bid to deal with the changes in the lives brought about by Christianity, capitalism and migrant labour. Missionary teachings, colonial rule, capitalism and migrant labour were significant social and economic factors that greatly affected the lives of the women of St. Marks. In court, educated women married by Christian rites were able to manipulate and challenge patriarchal values and frustrate men's attempts to prevent their access to property and inheritance or their efforts to demean women in various ways. The thesis shows that African women were not merely victims of customary law. Rather, they found ways of negotiating their agency within the confines of the customary law courts.en_ZA
dc.identifier.apacitationKabandula, A. (2009). <i>Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Historical Studies. Retrieved from http://hdl.handle.net/11427/8969en_ZA
dc.identifier.chicagocitationKabandula, Abigail. <i>"Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Historical Studies, 2009. http://hdl.handle.net/11427/8969en_ZA
dc.identifier.citationKabandula, A. 2009. Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Kabandula, Abigail AB - This thesis explores the ways in which customary law affected the women of the St. Marks district, Transkei between 1940 and 1960. In particular, it examines how women worked within and through customary law and the customary law courts in order to obtain redress for their problems. The thesis discusses the argument that the codification of customary law was the result of collaboration between older African men and colonial administrators and that its effect was to increase and render more rigid the patriarchal control of women. It argues that literature on women and customary law shows that after African customs were codified, their form and content changed in accordance with British administrators' legal and administrative needs. Women's legal and social status was negatively affected. The codified law emphasised the patriarchal aspects of the African custom and reduced women's social status in society. However, the thesis concludes that the question of how far customary law oppressed women has not yet been resolved. Using Customary Law Court Cases and records from the Chiefs Courts, the Native Commissioner Courts and the Native Appeal Courts of St. Marks District in Cofimvaba in Transkei from the late 1930s to the early 1960s, this thesis explores how women viewed themselves in relation to the law and also to the way it was applied by officials in the courts. It also explores and how women negotiated customary law in a bid to deal with the changes in the lives brought about by Christianity, capitalism and migrant labour. Missionary teachings, colonial rule, capitalism and migrant labour were significant social and economic factors that greatly affected the lives of the women of St. Marks. In court, educated women married by Christian rites were able to manipulate and challenge patriarchal values and frustrate men's attempts to prevent their access to property and inheritance or their efforts to demean women in various ways. The thesis shows that African women were not merely victims of customary law. Rather, they found ways of negotiating their agency within the confines of the customary law courts. DA - 2009 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2009 T1 - Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960 TI - Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960 UR - http://hdl.handle.net/11427/8969 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/8969
dc.identifier.vancouvercitationKabandula A. Women of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Historical Studies, 2009 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/8969en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Historical Studiesen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherHistorical Studiesen_ZA
dc.titleWomen of St. Marks, Transkei : negotiating customary law, c.1940 - c.1960en_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMAen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_hum_2009_kabandula_a (1).pdf
Size:
4.53 MB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Masters