Postcolonial Feminism in South Africa in Relation to the Case of Bhe V Magistrate Khayelitsha
This essay will look at the case of Bhe v Magistrate Khayelitsha , and analyse the decision in light of postcolonial feminism. It will examine whether the concept of equality can be reconciled with customary practices in South Africa, or whether these practices are outdated and have no place in a modern democratic society like South Africa, where equality and human dignity are fundamental concepts our society is built on. The assumption that the law in some way reflects unequal power relations between men and women is central to most feminist jurisprudence . All feminist thinking has a political aspect that engages ideas as to how things "ought to be" in an ideal world . It is therefore necessary to describe what exactly postcolonial feminism advocates, and how this can be applied to the Bhe case.
Postcolonial feminism is based on postmodern feminism, in the sense that it is also concerned with the construction of gender identity . Postmodern thought rejects the idea of a foundational truth, it states that any claim to truth or meaning is nether certain nor pre-existing . Identity is seen as a complex combination of different elements such as class, race, gender and sexuality .Thus postmodern feminism argues that the idea of woman is neither stable, nor fixed; they reject any conception of woman as a universal or homogenous category . The idea of "woman" cannot be described solely in relation to men or in terms of common experience, gender difference is not seen as a fundamental division in society but is dependent upon context and complex, ever-changing social practices . Postmodern feminists reject the very notion of difference of difference as inherently oppressive, due to the multi-faceted construction of the self . The ever-shifting nature of identity means that gender is merely one component of oppression, as is class, religion, culture, race, and various other social factors.
The difference between postcolonial and postmodern feminism centres around
Postcolonial feminism is based on postmodern feminism, in the sense that it is also concerned with the construction of gender identity . Postmodern thought rejects the idea of a foundational truth, it states that any claim to truth or meaning is nether certain nor pre-existing . Identity is seen as a complex combination of different elements such as class, race, gender and sexuality .Thus postmodern feminism argues that the idea of woman is neither stable, nor fixed; they reject any conception of woman as a universal or homogenous category . The idea of "woman" cannot be described solely in relation to men or in terms of common experience, gender difference is not seen as a fundamental division in society but is dependent upon context and complex, ever-changing social practices . Postmodern feminists reject the very notion of difference of difference as inherently oppressive, due to the multi-faceted construction of the self . The ever-shifting nature of identity means that gender is merely one component of oppression, as is class, religion, culture, race, and various other social factors.
The difference between postcolonial and postmodern feminism centres around