JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Reflections on the rejection of the right to sexual orientation by the institution of traditional leadership: Lessons from South Africa, pg 80

Volume: Volume 18 - 2014

Article type: Refereed article

Author/s: Ntlama, Nomthandazo

The quest for the removal of the right to sexual orientation in the Constitution of the Republic of South Africa by the institution of traditional leadership has generated debate on the regulation of traditional authority in line with the foundational values of the new dispensation. The debate, among others, raises questions as to the effect of traditional values such as ubuntu in the protection of these values under the system of traditional authority. Although Ubuntu is not an easily defined concept, it is proclaimed as an overarching African philosophy which encapsulates the collective respect for all the rights for all people without distinction. This article focuses on the importance of ubuntu in the protection of the rights of couples in same-sex relationships in the regulation of the traditional authority. The author argues that traditional leaders cannot use their position of authority and influence to promote divisive and stereotypical attitudes.

About the author/s

Nomthandazo Ntlama

Professor of Public Law, UNESCO ‘Oliver Tambo’ Chair of Human Rights, Faculty of Law, University of Fort Hare, Alice, South Africa

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