dc.contributor.author |
Maimela, Charles
|
|
dc.contributor.author |
Mleya, Mutsi
|
|
dc.date.accessioned |
2024-01-18T09:08:45Z |
|
dc.date.available |
2024-01-18T09:08:45Z |
|
dc.date.issued |
2023-06 |
|
dc.description.abstract |
Customs that enforce heteronormativity, generally also safeguard the interests of society’s vulnerable, for instance orphans and widows, to name two examples. The recognition that non-heterosexual people is a minority group with legitimate concerns is important, as they could contribute to family support while maintaining their identity and mental well-being. Non-heterosexual individuals’ interests are protected in the current Constitution; however, their protection must transform social support structures beyond written laws. Social structures tend to accept change at a slower pace than progressive laws. In South Africa the gender-normative and heteronormative are generally being overridden by a ‘don’t ask, don’t tell’ code, where sexual minorities are gradually gaining acceptance in a dominantly heteronormative society. In this article, the authors argue against the customs of spousal inheritance and ukuthwala, which, among others, are being imposed on non-heterosexual people, because they suggest a person’s sexuality belongs to a clan. These cultural practices may serve a purpose in society but could be interpreted to support constitutional values. For instance, traditional healers as custodians of culture have documented instances of being gender-fluid, when a female could be possessed by a male spirit, thus requiring a female sexual partner. Indigenous culture as it is known, has been tainted by capitalism, patriarchy, foreign religion, and the absolute opinions of a few elders. Which begs the question whether heteronormativity truly is a South African construct. |
en_US |
dc.description.department |
Private Law |
en_US |
dc.description.librarian |
am2024 |
en_US |
dc.description.sdg |
None |
en_US |
dc.description.uri |
https://unisapressjournals.co.za/index.php/SAPL |
en_US |
dc.identifier.citation |
Maimela, C. & Mleya, M. 2023, 'A progressive reading of customary and religious norms associated with heteronormativity in South Africa', Southern African Public Law, vol. 38, no. 1, pp. 1-21. https://DOI.org/10.25159/2522-6800/12729. |
en_US |
dc.identifier.issn |
2219-6412 (print) |
|
dc.identifier.issn |
2522-6800 (online) |
|
dc.identifier.other |
10.25159/2522-6800/12729 |
|
dc.identifier.uri |
http://hdl.handle.net/2263/94014 |
|
dc.language.iso |
en |
en_US |
dc.publisher |
Unisa Press |
en_US |
dc.rights |
© The Authors 2023.
This is an Open Access article distributed under the terms of the
Creative Commons Attribution-ShareAlike 4.0 International License. |
en_US |
dc.subject |
Heteronormativity |
en_US |
dc.subject |
Gender-normative |
en_US |
dc.subject |
Sexual minorities |
en_US |
dc.subject |
Ukuthwala |
en_US |
dc.subject |
Lobolo |
en_US |
dc.subject |
Ubuntu |
en_US |
dc.title |
A progressive reading of customary and religious norms associated with heteronormativity in South Africa |
en_US |
dc.type |
Article |
en_US |