Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa

By recognizing the reality of polyganious unions, the South African legislature gives effect to its constitutional promise of allowing everyone to practice the culture or religion 'of their choice. For a pluralist constitutional democracy, such latitude is crucial. But such recognition also suggests that the South African government is not prepared to make the hard choices that are necessary to ensure that the pursuit of gender equality is not derailed. Even though the Act is a celebration of cultural diversity, it also reflects a continued reticence about gender equality.

As I've tried to argue in this paper, while polygamy may still be fairly widely practiced ·in South Africa, indeed, the President is a polygamist, it is hard to make the argument that polygamy comports with gender equality.