The Future of Customary Law: Lessons from the Lobolo Debate

This article presents an overview of the development of 'customary law' in formerly colonized states and argues that such law is not truly reflective of Indigenous law. The author particularly focuses on the implications of this manipulation of Indigenous laws for Indigenous women. The article also looks at the interaction of customary, indigenous and international law protecting women's rights and suggests that the terms of the Convention on the Elimination All Forms of Discrimination Against Women (CEDAW) are irreconcilable with customary law in South Africa. The focus of this article is on Lobolo, or the custom of bridewealth. The author's conclusion is that the tradition of Lobolo itself is not discriminatory to women, but it has become a discriminatory practice through the imposition of colonial structures.