Positions

Research Areas research areas

Overview

  • Professor Mnisi Weeks has served as a senior researcher in the Centre for Law and Society at the University of Cape Town (UCT). In her role at UCT, she worked on the Rural Women's Action-Research program. This program combines research, advocacy, and policy work on women, property, and governing authority under customary law. She also taught African Customary Law as a senior lecturer in UCT's Department of Private Law. In 2013-2014, she was a resident scholar at the University of New Hampshire School of Law, where she held a fellowship for the completion of a book.

    Mnisi Weeks has published in academic and popular media on customary law, women’s rights, cultural rights, governance, participatory democracy, dispute management, and the South African constitution. As a Rhodes Scholar at the University of Oxford, she researched the tensions between living customary law(s) and South African state law. Prior to Oxford, she clerked for the Deputy Chief Justice of the Constitutional Court of South Africa, Dikgang Moseneke. Her current work focuses on the pursuit of justice and human security in indigenous courts by poor women and men living in rural South Africa.

    As a young researcher, Mnisi Weeks is highly rated by the National Research Foundation of South Africa. She has been the recipient of a number of awards, including the Women in Science Award for the Development of Rural Women through Science and Technology.
  • Selected Publications

    Academic Article

    Year Title
    2017 Courting Custom: Regulating Access to Justice in Rural South Africa and MalawiLaw and Society Review.  51:825-858. 2017
    2016 Access to Justice?: Dispute Management Processes in Msinga, KwaZulu-NatalNYLS Law Review.  60. 2016
    2016 Access to Justice?: Dispute Management Processes in Msinga, KwaZulu-Natal, South Africa.NYLS Law Review.  60. 2016
    2016 Women Seeking Justice at the Intersection Between Vernacular and State Laws and Courts in Rural KwaZulu-Natal, South AfricaThe New Legal Realism, Study Law Globally..  II:113-142. 2016
    2015 Customary succession and the development of customary law: the legacy: part III: reflections on themes in Justice Langa's judgmentsActa Juridica.  215-255. 2015
    2013 Women Eviction in Msinga: The Uncertainties of Seeking JusticeActa Juridica2013
    2012 Regulating Vernacular Dispute Resolution Forums: Controversy Concerning the Process, Substance and Implications of South Africa's Traditional Courts BillOxford University Commonwealth Law Journal.  12:133-155. 2012
    2012 ‘Take Your Rights Then and Sleep Outside, On the Street’: Rights, Fora and the Significance of Rural South African Women’s ChoicesWisconsin International Law Journal.  Vol.29. 2012
    2011 The Traditional Courts Bill: Controversy around process, substance and implicationSA Crime Quarterly.  35. 2011
    2011 Securing Women’s Property Inheritance in the Context of Plurality: Negotiations of Law and Authority in Mbuzini Customary Courts and BeyondActa Juridica.  2011. 2011
    2011 Tensions between vernacular values that prioritize basic needs and state versions of customary law that contradict them.Stellenbosch Law Review.  22. 2011
    2009 Rural women redefining land rights in the context of living customary lawSouth African Journal on Human Rights.  25:491-516. 2009
    2007 (Post)Colonial Culture and the South African Legal System: Understanding the Relationship between Living Customary Law and State LawZeitschrift für Rechtssoziologie.  28:241-252. 2007
    Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the ConstitutionSA Crime Quarterly
    The Traditional Courts Bill: Controversy around process, substance and implicationsSA Crime Quarterly

    Book

    Year Title
    2019 Access to Justice and Human Security Cultural Contradictions in Rural South Africa 2019
    2019 Catalyzing Stagnant Norms: Female Parliamentarians Creative Impact on weary public institutions in Gender and Sexuality in Senegalese Societies, Critical Perspectives and Methods 2019
    2017 Access to Justice and Human Security Cultural Contradictions in Rural South Africa 2017
    2014 African Customary Law in South Africa Post-apartheid and Living Law Perspectives : Private Law 2014
    2007 South African Journal on Human Rights 2007
    Unintended Consequences in the post-colonies in Interdisciplinary Approaches to Human Rights
    Women Seeking Justice at the Intersection Between Vernacular and State Laws and Courts in Rural KwaZulu-Natal, South Africa

    Chapter

    Year Title
    2022 Resisting for one and all in Gender and generations amidst guns in rural Kwazulu-Natal. 2022
    2021 South African Legal Culture and its Dis/Empowerment Paradox. 2021
    2020 The Promises and Challenges of Human Rights Cities 2020

    Full Name

  • Sindiso Mnisi Weeks