Cultural Practices and Constitutional Rights in Widowhood: Lived Experiences of Black Widowed Women in Makapanstad Village in South Africa

Abstract

This paper aims to examine the various cultural practices that apply to widows vis à vis their constitutional rights. The Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the constitution) outlines inalienable human rights that do not prescribe their attainment requirements. This paper is part of a more extensive study conducted in the Gauteng province of South Africa. The research tools were piloted in Makapan village. The aim of this paper is to explain how cultural practices interact with constitutional rights and affect the lives of Black widows in Makapanstad village. The objective of the study is to describe the intersections in widowhood cultural practices, which are often not aligned with the constitution of South Africa. Qualitative research was used. Three widows were sampled in this paper. The research question that is addressed by this paper is the following: “What cultural processes in widowhood are still practiced by the community of Makapanstad that can be analyzed in line with the constitutional imperatives for the South African context?” The intersectionality theory was used in this study. Findings reveal that widowhood rites are gendered. Some Black cultural practices are embedded in culture and religion, and they undermine the constitution and human rights of widowed women.