Accepted paper:

" A Chinese is not black": managing and reacting to cultural identities in post-apartheid South Africa


Enyinna Nwauche (Rhodes University)

Paper short abstract:

The administrative classification of cultural identities and the judicial reaction to voluntary appropriation of cultural identities.

Paper long abstract:

This paper examines how the post apartheid South African legal system manages cultural identities through administrative classifications and reacts to voluntary appropriations of cultural identities. Using the Pretoria High Court decision in Chinese Association of South Africa v Minister of Labour (18 June 2008 Case No 59521/2007) as a metaphor and context, this paper examines the classification and appropriation of cultural identities relevant to customary law, Islamic Law, religious laws and black economic empowerment.

panel SE01
Legal features of cultural diversity: experiences from the African continent (IUAES Commission on Legal Pluralism)