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Refereed articles

The right to freedom of religion: an apparently misunderstood aspect of legal diversity in South Africa

Lesala Mofokeng provides a detailed discussion of the definition of legal pluralism which, according to him, has the same meaning as “legal diversity”. He argues that despite the fact that everyone has a right to freedom of religion under section 15 of the Constitution, the section does not adequately afford people the right to practice their religions freely.

In other words, the freedom of religion clause should be interpreted in a manner that would guarantee linguistic and religious communities the right to have their private law matters regulated in accordance with the personal laws of their choice, provided they do not conflict with the spirit and values of the Constitution. The author concludes by providing a comparative analysis of foreign legal systems in order to identify a suitable model concerning the incorporation of legal pluralism into South African law.

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