Publications and Engagements

Selected publications

Downloads:

Cultural diversity, human rights and the family in contemporary Africa : Lessons from the South African Constitutional debate

Culture and Women Abuse: Some South African Starting Points

Indigenous Law and Gender in SA : Taking Human Rights and Cultural Diversity Seriously

International protection of Human Rights and the family : African variations on a common theme

The African Customary Law of Marriage and the Rights Conundrum

Books:

- Law and the Other Sex: The Legal Position of Women in Swaziland (with Alice Armstrong), Websters (Mbabane) - 1986

- Marriage and Divorce in Swazi Law and Custom, Websters (Mbabane) - 1992

- The Changing Family: Family Forms and Family Law (ed with John Eekelaar) Hart Publishing (Oxford) – 1998

- African Culture, Human Rights and Modern Constitutions (ed with Emma Arogundade and Harry Garuba) University of Cape Town (Cape Town) – 2013

- African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives (ed with Chuma Himonga) Oxford University Press – (Cape Town) - 2014

Chapters in books:

- “Women’s Rights and the Family in a Traditional and Customary Law Context" in Bazilli (ed) Putting Women on the Agenda (Ravan Press) Johannesburg – 1991

- "Biological and Social Parenthood in African Perspective: The Movement of Children in Swazi Family Law" in Eekelaar and Sarcevic (eds) Parenthood in Modern Society: Legal and Social Issues for the Twenty-first Century (Martinus Nijhoff) London – 1993

- "South African Family Law at the Crossroads: From Parliamentary Supremacy to Constitutionalism" in Andrew Bainham (ed) International Survey of Family Law 1994 (formerly Annual Survey) 419-434

- "The Future of Family Law and the Law of Persons in South Africa: is Modernization Compatible with Africanization?" in Van Aswegen (ed) The Future of the South African Private Law (University of South Africa) - 1995

- "African Customary Law in the Interim Constitution" in Liebenberg (ed) The Constitution of South Africa from a Gender Perspective (CLC/David Philip) - 1995

- "South African Law: Past, Present and Future" in Itala Vivan (ed), Il Nuovo Sudafrica dalle strettoie dell apartheid alle difficoltà della democratia La Nuova Italia, (Firenze). (Published in Italy in Italian, with French and English translations) - 1996

- "Democratisation and Women's Rights in the South African Constitution: the Challenge of African Customary Law" in World Culture Report 1998: Culture, Creativity and Markets (UNESCO Publishing) Paris - 1998

- "African Family Law Under an Undecided Constitution: The Challenge for Law Reform in South Africa" in Eekelaar and Nhlapo (ed) The Changing Family: Family Forms and Family Law ( Hart Publishing) Oxford - 1998

- "The Status of Customary Law in Africa: From the Age of 'Law and Modernisation' to the Era of 'Rights and Constitutionalism'" in Bola Ajibola and Deon van Zyl (ed) The Role of the Judiciary in a Changing Africa (Jutas) Cape Town - 1998

- "The African Customary Law of Marriage and the Rights Conundrum" in Mahmood Mamdani (ed) Beyond Rights Talk and Culture Talk: Comparative Essays on the Politics of Rights and Culture (David Philip) Cape Town - 2000

Articles:

- "International Protection of Human Rights and the Family: African Variations on a Common Theme" in International Journal of Law and the Family (Oxford), 3 Spring 1989, 1-20

- "The African Family and Women's Rights: Friends or Foes?" in (1991) Acta Juridica 135-146

- "Culture and Women Abuse: Some South African Starting Points" (1992) 13 Agenda 5- 14

- "Indigenous Law and Gender in South Africa: Taking Human Rights and Cultural Diversity Seriously" (1994-95) Third World Legal Studies (Special issue: Women's Rights and Traditional Law: A Conflict), 49-71

- "Cultural Diversity, Human Rights and the Family in Contemporary Africa: Lessons from the South African Constitutional Debate" in International Journal of Law and the Family 9 (1995) 226-232, and in Nigel Lowe and Gillian Douglas (eds) Families Across Frontiers (Martinus Nijhoff) London (1996) 237-251

- "Towards a Cultural Understanding of the Interplay Between Children's and Women's Rights: An Eastern and Southern African Perspective" International Journal of Children's Rights Vol. 3 (1995) 333-368 (co-authored with eight others)