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Faculty of Law | University of the Western Cape

Research Portal

Faculty of Law | University of the Western Cape

CENTRE FOR LEGAL INTEGRATION IN AFRICA (CLIA)

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 Featured publications

'Legal pluralism and the future of personal family laws in Africa'

Academic journal articles

Anthony Diala (2021)

A notable aspect of Africa’s struggle with its colonial legacies is the co-existence of indigenous laws that emerged in agrarian settings with state laws that emerged in industrial settings. Given the dissonance in their origins, clashes frequently occur between traditionalists and change agents, especially over the property and succession rights of women, girls, and younger male children. Spurred by the judicial handling of these clashes, scholars categorise African customary laws into ‘official’ and ‘living’ versions. However, this categorisation does not...

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'Hmong "marriage by capture" in the United States of America and Ukuthwala in South Africa: Unfolding discussions'

Academic journal articles

Lea Mwambene (2021)

'Marriage by capture' among the Hmong people in the United States of America and ukuthwala in South Africa both take the form of the mock abduction of a young woman for the purpose of a customary marriage. The noteworthy point about these two customary marriage practices is that, although Hmong marriage by capture takes place in the context of a minority community in a liberal state, and ukuthwala occurs in a postcolonial state, courts in these jurisdictions convert these marriage...

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'Courts and transformative constitutionalism: Insights from South Africa’

Books and chapters

Diala, Anthony C (2019)

The enactment, implementation, and adjudication processes of laws form the bedrock of democratic societies, since they underlie the relationship between the three branches of government. Just like human interaction, however, intergovernmental relationship is often problematic. Specifically, when judicial review occurs, there is always the spectre of overturning, amending, and reinterpreting legislation and executive policies. So, in what ways should courts and the political branches interface to ensure accountability? Using the concept of transformative constitutionalism, this chapter examines the interface between...

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 Recently added publications

Posted by: Centre for Legal Integration in Africa

Anthony Diala (2021). 'Legal pluralism and the future of personal family laws in Africa'. 35(1) International Journal of Law, Policy and the Family

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Posted by: Centre for Legal Integration in Africa

Lea Mwambene (2021). 'Hmong "marriage by capture" in the United States of America and Ukuthwala in South Africa: Unfolding discussions'. 53(3) Comparative and International Law Journal of Southern Africa 1-25

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Posted by: Centre for Legal Integration in Africa

Nkanyiso Sibanda (2021). 'Constitutional property law in South Africa, 2019-2020'. Yearbook of South African Law 2019/2020 384-397

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Posted by: Centre for Legal Integration in Africa

Najma Moosa (2021). The mystery of the apostasy of Shaykh Yusuf of Makassar’s alleged grandchildren: The children of the Rajah of Tambora . Cape Town: Shaykh Shahid Esau

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Posted by: Centre for Legal Integration in Africa

A Booley & J van Schalkwyk (2021). 'The legal and social complexities relating to self-determination: Internal and external self-determination and obligations erga omnes'. South African Yearbook of International Law

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