Abstract
In this article, an attempt is made to relate the story of an ‘other’, embodied as an African woman seeking gender equality in South Africa for herself and her daughter. The cases of Mthembu v Letsela (dealing with the constitutionality of customary laws of intestate succession) are critically analysed, and some tentative suggestions are made as to how these judgments could have been less violent in their outcome and impact — that of homelessness. Focus is placed on an ethical interpretation of gender equality which could possibly bring to the fore in such cases the need for care, compassion, responsibility and an (im)possible justice. In arguing for attention to be paid to the stories of women such as Mama Mthembu, I present some introductory comments on the African value of ubuntu, and look at how this complex value/ideal of communal connection and humaneness could have assisted the court in reaching a decision more suited to a transforming post-apartheid legal landscape where each person is given the space to imagine their world and their law anew.
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
