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Postcolonial Feminism in South Africa in Relation to the Case of Bhe V Magistrate Khayelitsha

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This essay will look at the case of Bhe v Magistrate Khayelitsha , and analyse the decision in light of postcolonial feminism. It will examine whether the concept of equality can be reconciled with customary practices in South Africa, or whether these practices are outdated and have no place in a modern democratic society like South Africa, where equality and human dignity are fundamental concepts our society is built on. The assumption that the law in some way reflects unequal power relations between men and women is central to most feminist jurisprudence . All feminist thinking has a political aspect that engages ideas as to how things "ought to be" in an ideal world . It is therefore necessary to describe what exactly postcolonial …show more content…

However, Oyewumi argues that feminism, even such purported by African scholars, is Western in origin and often not appropriate when studying African discourse . She argues that theorists impose Western categories on non-Western cultures and then "project such categories as normal" . She claims that the different ways the social world is constructed in other cultures through the eyes of "Westernised" academics nullify the alternatives purported by non-Western cultures and in fact undermine the claim that gender is a social construction . African intellectuals have accepted and identified with Western thinking to the point that they have merely created African versions of European things . Thus feminism, despite its fundamental local stance, in fact exhibits the same ethnocentric and imperialistic characteristics of the Western discourses it sought to subvert . It may therefore have limitations on its applicability outside of the culture that produced it . We must therefore examine whether the principle of primogeniture does in fact have a valid role to play in South Africa.

It has been argued that the rule of primogeniture does not in fact discriminate against women but instead ensures they are taken care of after the death of the breadwinner, as the heir does not only inherit the property of the

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