Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom

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dc.contributor.advisorHimonga, Chumaen_ZA
dc.contributor.advisorDiallo, Fatimataen_ZA
dc.contributor.authorMaphalle, Kagiso Annetteen_ZA
dc.date.accessioned2018-01-23T12:08:24Z
dc.date.available2018-01-23T12:08:24Z
dc.date.issued2017en_ZA
dc.description.abstractThis 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.en_ZA
dc.identifier.apacitationMaphalle, K. A. (2017). <i>Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/26908en_ZA
dc.identifier.chicagocitationMaphalle, Kagiso Annette. <i>"Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Private Law, 2017. http://hdl.handle.net/11427/26908en_ZA
dc.identifier.citationMaphalle, K. 2017. Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Maphalle, Kagiso Annette AB - 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. DA - 2017 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2017 T1 - Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom TI - Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom UR - http://hdl.handle.net/11427/26908 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/26908
dc.identifier.vancouvercitationMaphalle KA. Succession in woman-to-women marriages under customary law: a study of the Lobedu Kingdom. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Private Law, 2017 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/26908en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Private Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPrivate Lawen_ZA
dc.subject.otherCustomary Lawen_ZA
dc.titleSuccession in woman-to-women marriages under customary law: a study of the Lobedu Kingdomen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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