Custom-based or gender-based approach? Considering the impact of the National Movement of Rural Women as amicus curiae in litigation involving rural women

Abstract

The National Movement of Rural Women (NMRW), formerly known as the Rural Women’s Movement, was established in 1990 with a focus on, among others, uniting rural women and giving them a voice. Amongst the organisation’s aims was to create forums for rural women to unite against oppression, for rural women to have equal rights to land, and for rural women to have a say in political matters. The organisation is to be commended for its contribution as amicus curiae – ‘a friend of the court’ – in customary law cases involving inheritance, marriage and chieftaincy disputes. This article explores the two approaches used by the NMRW as friend of the court, namely the custom-based and gender-based approach, and concludes that these two approaches are in direct conflict with each other. It is suggested that perhaps an approach which is more beneficial to rural women should be followed instead.