ABSTRACT
The Constitution of South Africa of 1996 recognizes ‘customary law’ as an independent source of law and obliges courts to apply it when applicable. The Constitution also protects the right to culture more generally in sections 30 and 31. At the same time, it contains strong provisions on gender equality. This chapter looks in detail at the complex interactions between the community and national level and the space living customary law provides for women in traditional communities to overcome exclusion. For South Africa, the new Constitution, with its comprehensive and justiciable Bill of Rights, represented a break with the past. Where human rights and democracy had been suppressed under apartheid, the new Constitution laid out the agenda for transformation. The situation of women in traditional communities in South Africa is very different across regions and communities and any description of the position of women runs the risk of oversimplifying their situation.
