Keneilwe Radebe

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

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, have equal rights to land and a say in political matters. The organisation has contributed as amicus curiae – ‘a friend of the court’ – to dealing with customary law cases involving inheritance, marriage and chieftaincy disputes. This article explores the two approaches used by the NMRW as friend of the court - the custom-based and gender-based approach - and concludes that these two approaches are in direct conflict with each other.