The Role of the Courts in the Conflict Between African Customary Law and Human RightS

@article{Lehnert2005TheRO,
  title={The Role of the Courts in the Conflict Between African Customary Law and Human RightS},
  author={W. Lehnert},
  journal={South African Journal on Human Rights},
  year={2005},
  volume={21},
  pages={241 - 277}
}
  • W. Lehnert
  • Published 2005
  • Sociology
  • South African Journal on Human Rights
  • Abstract The compatibility of African customary law and human rights has been widely debated. The issue has also been the subject of several court decisions in post-1994 South Africa. These judgments are examined in the light of the constitutional obligations of the courts.While the courts have generally taken seriously their role of promoting human rights by showing an increased sensitivity to the rights of marginalised groups such as women and children, the judiciary still has a limited… CONTINUE READING