ABSTRACT
This chapter focuses on the role of cultural expertise in navigating litigation in South Africa. It is a multicultural society in which various legal systems are observed: state law includes common law and African customary law. Before April 1994, common law was the superior normative order in South Africa. Customary law enjoyed a subordinate status, and its application hinged on “choice of law” rules, legislation and repugnancy provisions. The first one concerns proof of the existence of a rule of customary law in a court of law, which usually is an unrecorded social practice known only to the community. The second scenario deals with the apparent incompatibility of customary law and human rights. The Court put forward several reasons why equality and human dignity would require the collaboration of a first wife to allow a husband to conclude a subsequent valid marriage.
