Maimela, CharlesMleya, Mutsi2024-01-182024-01-182023-06Maimela, 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/10.25159/2522-6800/12729.2219-6412 (print)2522-6800 (online)10.25159/2522-6800/12729http://hdl.handle.net/2263/94014Customs 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© The Authors 2023. This is an Open Access article distributed under the terms of the Creative Commons Attribution-ShareAlike 4.0 International License.HeteronormativityGender-normativeSexual minoritiesUkuthwalaLoboloUbuntuArticle