South African Woman Caught between Tradition and the New Constitution: Some Elements for Reflection Based on the Work of the South African Law Commission

One of the central issues of the new South African constitutional dispensation is how to best accommodate the various legal systems in the country. Section 15 of the Constitution of the Republic of South Africa, 1996, recognizes the cultural and religious diversity of the South African population and provides for legislative recognition of systems of personal or family law based on tradition or religion. This article explores the legal position of women in South Africa in the context of legal pluralism. Based on a study of the work of the South African Law Commission carried out in 1997, it focuses on the legislative development regarding customary marriage law proposed by the South African Law Commission in line with the 1996 Constitution. Notes, ref., sum.