Momoti, Ndyebo Kingsworth (2004) Law and culture in the new constitutional dispensation with specific reference to the custom of circumcision as practiced in the Eastern Cape. Masters thesis, Rhodes University.
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.
|Item Type:||Thesis (Masters)|
|Uncontrolled Keywords:||Xhosa social life and customs, Xhosa rites and ceremonies, Circumcision law and legislation, Eastern Cape, South Africa, Initiation rites|
|Subjects:||Y Unknown > Subjects to be assigned|
|Divisions:||Faculty > Faculty of Law|
|Supervisors:||Mqeke, R.B. (Prof.)|
|Deposited By:||Rhodes Library Archive Administrator|
|Deposited On:||04 Aug 2006|
|Last Modified:||06 Jan 2012 16:17|
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