At the P20 Women’s Parliament, one of the central topics – Custom, Culture and Religion Shall Be Subject to the Equality Clause in the Bill of Rights – explored the extent to which customs, traditions and religious norms affect women’s rights and freedoms. The discussion also assessed the legal and policy mechanisms that safeguard equality, while respecting cultural and religious diversity.
Chairperson of the Commission for Gender Equality (CGE) Adv Nthabiseng Sepanya-Mogale opened by acknowledging the constitutional recognition of South Africa’s rich tapestry of religion and culture. “Our Constitution acknowledges their vital contribution to the fabric of a diverse and democratic society,” she said. “It ensures that the unique beliefs and traditions of various communities are respected, protected and promoted.”
She emphasised that culture and religion can be uplifting forces, fostering a sense of belonging, unity and collective wellbeing. However, she cautioned that freedoms and practices must align with the principles of the Bill of Rights. Paradoxically, she noted, these same cultural and religious constructs can be exploited to perpetuate gender inequality. “Numerous cultural and religious traditions have historically been interpreted through patriarchal lenses, enforcing male dominance while significantly limiting women’s rights,” she said.
This manifests in the way sacred texts are interpreted, rituals are conducted and societal norms are established. She highlighted that harmful practices are often defended as ‘tradition”, despite violating fundamental human rights. In some cases, women are given temporary leadership roles but denied decision-making powers or the ability to govern independently. CGE research has revealed discrimination in the allocation of communal land — with older women sometimes reliant on young boys to access land.
Turning to religion, she cited examples across faiths. In Christianity, Genesis 3:16 has been used to justify male dominance. In Islam, men are positioned as protectors and maintainers of women; in Judaism, women are viewed as helpmates, implying subservience; and similar gendered roles can be found in Hinduism and Buddhism.
Having outlined these challenges, she proposed solutions. Advocacy and research, she said, are critical to promoting gender equality. Public education campaigns should challenge harmful norms while respecting cultural identities, using targeted educational programmes, multimedia initiatives and community outreach to raise awareness of gender equality and the impact of discrimination.
Policy advocacy, she argued, must focus on strengthening legal frameworks to protect individuals from gender-based discrimination. This requires collaboration with lawmakers to draft and implement legislation that explicitly safeguards rights, regardless of cultural or religious justifications. She stressed the importance of monitoring and evaluating enforcement to ensure accountability.
Rev Heidi Petersen, Chairperson of the SA Synod of the United Congregational Churches of Southern Africa, described her church’s intentional work to protect and empower women and children. “The responsibility of justice is a responsibility we take very seriously,” she said, noting their involvement in the Thursdays in Black global movement, which calls for a world free from rape and violence. Participants dress in black on Thursdays as a visible stance against gender-based violence.
Rev Petersen also displayed a cross inscribed with ‘Christ is counting on you”, a reminder of the biblical command to “choose life, do good and work for justice”. This mission, she said, is central to creating safe spaces for victims of GBV and helping them find their voices.
The church also participates in ACT Africa, which combats child and human trafficking through school-based education campaigns. These teach children how to identify risks, seek help and find safe spaces. She introduced a board game, “No to Violence’, designed to educate children about the dehumanising effects of GBV and to counter harmful behaviours learned at school or home. Its effectiveness, she suggested, made it a strong candidate for adoption in every primary school in South Africa.
Princess Modiane Pilane, National Secretary of the CONTRALESA Women’s Wing, highlighted the enduring role of women in traditional society. While male traditional leaders outnumber female leaders, women are recognised as natural nurturers and supporters of family life. However, she noted that women’s roles in African tradition are complex and not automatically granted – leadership can be matriarchal as well as patriarchal.
She emphasised the democratic process that led to the formation of CONTRALESA’s women’s structure – the first in the organisation’s more than 30-year history. “This is a clear indication that our society and country have taken note of the fact that women’s empowerment is a necessity,” she said.
The P20 Women’s Parliament session underscored both the cultural and religious contributions to society and the ways these can be misused to entrench inequality. Speakers called for a balanced approach – one that protects diversity while ensuring customs, traditions and religious practices fully comply with constitutional principles of equality.
Abel Mputing
14 August 2025