Law and culture in the new constitutional dispensation with specific reference to the custom of circumcision as practiced in the Eastern Cape

Momoti, Ndyebo Kingsworth

Title: Law and culture in the new constitutional dispensation with specific reference to the custom of circumcision as practiced in the Eastern Cape
Creator: Momoti, Ndyebo Kingsworth
Subject: Xhosa (African people) -- Social life and customs Xhosa (African people) -- Rites and ceremonies Circumcision -- Law and legislation -- South Africa -- Eastern Cape Initiation rites -- South Africa -- Eastern Cape
Date Issued: 2004
Date: 2004
Type: Thesis
Type: Masters
Type: LLM
Identifier: vital:3685
Identifier: http://hdl.handle.net/10962/d1003200
Description: This study examines the custom of circumcision in the context of culture, law and the Constitution. In Chapter 1 the writer considers the pervasive role of culture in the context of the current debate in relation to equality versus culture. In Chapter 2 the writer considers the origin, development and the legal significance of the custom of circumcision in the Eastern Cape. In Chapter 3 the writer traces the circumstances leading to the enactment of the Provincial statute governing circumcision of children. In this chapter the writer also poses the question whether an aspect of morality can effectively be regulated by law. Chapter 4 looks at the question of cultural rights in terms of the Constitution and the possible effect of the promulgation of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Act 19 of 2000 on the approach of the courts in respect of constitutional challenges directed at some aspects of customary law. Chapter 5 looks at the custom of circumcision and the need for the protection of children. The writer raises the issue of the role of traditional leaders in the eradication of abuses associated with circumcision. The last Chapter comments on the reasons for the failure of the new Act governing circumcision in the Province.
Format: 145 leaves
Format: pdf
Publisher: Rhodes University
Publisher: Faculty of Law, Law
Language: English
Rights: Momoti, Ndyebo Kingsworth

Hits: 1384
Visitors: 1839
Downloads: 625

Collections

RU Department of Law

		Thumbnail	File	Description	Size	Format
View Details Download			SOURCEPDF	PDF	481 KB	Adobe Acrobat PDF	View Details Download