Comparative legal studies in Africa have proliferated globally due to the continent's diverse legal systems and rich judicial experiences. South Africa, as a leading jurisdiction in this region, offers unique insights into various aspects of African law. The methodology employed is a comparative analysis drawing from secondary sources such as case law reports, academic journals, and government publications. A thematic approach was used to categorize and compare the application of international human rights laws with indigenous customary practices in South Africa's legal system. A notable finding is the significant overlap between statutory legislation and customary practices in addressing gender-based violence issues, indicating a successful integration strategy that respects both formal and informal legal frameworks. This study contributes to the understanding of how diverse legal traditions can coexist within a single jurisdiction. It highlights the importance of balancing international human rights obligations with indigenous cultural values for effective legal reform. Policy makers should consider fostering dialogues between different legal spheres to enhance coherence and effectiveness in addressing societal challenges such as gender-based violence.
Motladi et al. (Tue,) studied this question.