Page 34 - SAReform Book
P. 34
32 Reform of Customary Marriage, Divorce and Succession in SA
changes introduced are aligned with the practices (living customary law) of the people on the ground, provided that they are reconcilable with relevant human rights principles and values. In this regard, it is important to recognise that some norms that reflect the aims of the new laws exist on the ground, and attention needs to be paid to this fact. We argue that these norms should be recognised as they offer more effective protection of people’s rights on the ground, and in a context with which people are comfortable. The findings show that there are problems with imposing new structures and concepts through these new laws, and there may be unintended consequences.
Finally, the matters listed above are intertwined and need to be dealt with holistically in order to improve the implementation of the new laws.
