African Customary Law and the Issue of Institutionalised Women’s Rights Abuse in Southern Africa

Abstract

The purpose of this article is to explore the extent to which women’s rights in the southern African region have been subject to abuses in an environment that does not do much to deter such abuses. It provides insights into the institutionalised tension between African customary law and so-called modern law that date back to the colonial period. Women’s rights abuse experienced today is the result of the difficult co-existence between modern law and African customary law. The obvious form of these abuses is observable through the institutionalised incapacitation of women with focus on South Africa and Zimbabwe. By institutionalised, I mean  the action or lack of action from the executive, judiciary and legislature to address this scourge.