“Family law is probably the area of South African private law which has expanded and

changed most rapidly in the past nine years. Many of these changes have come about as

a result of the enactment of a Bill of Rights in both the interim and the final Constitution.

1 On the one hand, this is not surprising, since family law contains many legal rules

which are overtly discriminatory on the bases of sex, gender, culture, religion and sexual

orientation. On the other hand, legal rules in this area represent a codification of moral

and social norms in the quotidian and 'private' lives of many people, which are often

resistant to scrutiny and change.”

Elsje Bonthuys, The South African Bill of Rights and the Development of Family

Law, 119 S. African L.J. 748 (2002).

In light with the above statement, write an essay in which you critically analyse

the development of South African Family Law post 1994. In doing so, you are

expected to demonstrate the influence of the Constitution, the role played by both

the legislation and common law in advancing the development of family law. You

are further expected to cite relevant case law (in particular case law that

developed family law) in your assignment. Lastly, scholars have played a

prominent role in identifying challenges in the family law system and

constructively criticizing legislation and relevant case laws, therefore scholarly

opinions in your assignment are also imperative and you expected to

demonstrate such.

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