South Africa’s Post-1994 Transformative Constitution And Its Human Rights Narrative: A View On Perfecting Traditional Male Circumcision
South Africa’s Post-1994 Transformative Constitution And Its Human Rights Narrative: A View On Perfecting Traditional Male Circumcision

Summary/Abstract: This article analyses the significance of South Africa’s human rights narrative towards bettering the practice of Traditional Male Circumcision (TMC). It is considerate of the fact that socio-economic and cultural rights have been entrenched in the Constitution, 1996 as justiciable and enforceable rights under transformative constitutionalism. TMC is a cultural ritual which, notwithstanding its pervasive challenges, remain a widespread practice in South Africa because of its heritage status. Thus, this article illustrates how the post-1994 democratic dispensation integrated such ancient traditional rites into its normative value system founded on the supremacy of the Constitution. This is crucial because human rights philosophy is at the core of South Africa’s social and legal order, which is founded on safeguarding people’s welfare, human dignity, and right to life, fundamental freedoms and preserving humanity. It is asserted state need to accelerate human rights education across all sectors of society which shall empower populace to balance between desirable traditional rituals and human rights imperatives.

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