Join the Centre for Legal Integration in Africa seminar featuring Judge Albie Sachs in conversation with Nolundi Luwaya on the topic: Legal pluralism implications of forum shopping by rural women
The coexistence of statutory laws, religious laws and customary or indigenous systems in South Africa compels people to navigate between normative systems in search of justice. Their strategic choices for dispute resolution is known as forum shopping. Women in rural communities use forum shopping to maximise their chances of achieving desired justice outcomes. Their motivations include cultural familiarity, perceived fairness, community support, and potential for more favourable judgments. There are also factors such as trial delays, litigation costs, and distance to courts. Understanding the dynamics of forum shopping is crucial for promoting women’s rights and improving access to justice in rural areas.
Date: 25 March 2025
Time: 13:00 to 14:30
Venue: Kader Asmal Moot Court, UWC Faculty of Law
Speakers:
Judge Albie Sachs is a renowned anti-Apartheid activist, writer, and former judge of the Constitutional Court of South Africa.
Nolundi Luwaya is a Senior Researcher and Director of the Land and Accountability Research Centre (LARC) at the University of Cape Town. She coordinates research on power relations, and how national laws and policies frame the balance of customary law power in rural communities. She has taught African Customary Law and customary land rights.
The coexistence of statutory laws, religious laws and customary or indigenous systems in South Africa compels people to navigate between normative systems in search of justice. Their strategic choices for dispute resolution is known as forum shopping. Women in rural communities use forum shopping to maximise their chances of achieving desired justice outcomes. Their motivations include cultural familiarity, perceived fairness, community support, and potential for more favourable judgments. There are also factors such as trial delays, litigation costs, and distance to courts. Understanding the dynamics of forum shopping is crucial for promoting women’s rights and improving access to justice in rural areas.
Date: 25 March 2025
Time: 13:00 to 14:30
Venue: Kader Asmal Moot Court, UWC Faculty of Law
Speakers:
Judge Albie Sachs is a renowned anti-Apartheid activist, writer, and former judge of the Constitutional Court of South Africa.
Nolundi Luwaya is a Senior Researcher and Director of the Land and Accountability Research Centre (LARC) at the University of Cape Town. She coordinates research on power relations, and how national laws and policies frame the balance of customary law power in rural communities. She has taught African Customary Law and customary land rights.
