“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.