This essay will look at the case of Bhe v Magistrate Khayelitsha , and analyse the decision in light of postcolonial feminism. It will examine whether the concept of equality can be reconciled with customary practices in South Africa, or whether these practices are outdated and have no place in a modern democratic society like South Africa, where equality and human dignity are fundamental concepts our society is built on. The assumption that the law in some way reflects unequal power relations between men and women is central to most feminist jurisprudence . All feminist thinking has a political aspect that engages ideas as to how things "ought to be" in an ideal world . It is therefore necessary to describe what exactly postcolonial feminism advocates, and how this can be applied to the Bhe case.
Postcolonial feminism is based on postmodern feminism, in the sense that it is also concerned with the construction of gender identity . Postmodern thought rejects the idea of a......
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Approximate Word Count: 2155
Approximate Pages: 9 (260 words per double-spaced page) |