Research fellow presents a paper on customary law at a national conference

Dr Tebello Matsela, a research fellow in the subject group Private Law at the North-West University's (NWU’s) Mahikeng Campus, recently presented a paper at the 20 years of Bhe v Khayelitsha Magistrate: Promises, Progress and Pitfalls Conference.

The conference, hosted by the University of the Western Cape and the University of Cape Town from 20 to 21 August, focused on the landmark case of Bhe v Khayelitsha Magistrate and its implications two decades later.

Dr Matsela's presentation, titled "Examining the impact of Bhe v Khayelitsha Magistrate on customary law of succession and gender equality 20 years later", explored the ongoing influence of the case on customary law and its intersection with gender equality in South Africa.

Her research addresses the challenges posed by the clash between customary law and Western legal principles in plural societies, particularly in the context of succession.

In her comments on the conference, she expressed her enthusiasm for participating in these critical legal debates. "As a new postdoctoral fellow at the NWU, I am thrilled to extend my work and learn from colleagues across South Africa and the world," she said.

"My paper argues that women and girls should have the same rights to inherit their father’s estates as men and boys. However, I urge caution in assuming that liberal concepts are always applicable within African contexts. Customary law needs to evolve in a way that includes all parties, without dismantling the structure of the family in the name of promoting equality."

About Dr Matsela

Dr Matsela holds an LLB from the National University of Lesotho, an LLM from the NWU, and an LLD from the University of Pretoria.

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Dr Tebello Matsela.

Submitted on Tue, 08/27/2024 - 10:39