Assoc Prof Fatima Osman
Bio
Dr Fatima Osman (Associate Professor in Private Law) is an NRF-rated researcher who teaches African Customary Law and Advanced Studies in African Customary Law.
Research & Teaching
Her research interests include customary law, succession and legal pluralism.
Publications
For an updated list of publications see Fatima Osman
F Osman and S de Souza ‘Custom (Customary law)’ 2023 Max Planck Encyclopedia of Comparative Constitutional Law 1-19.
F Osman ‘Splitting hairs: Bwanya v the Master’ 2021 138(3) SALJ 521-534.
F Osman ‘The omission of the opt out clause: The revised and improved Traditional Courts Bill 2017’ 2020 (2) South African Crime Quarterly 69-79.
F Osman ‘Family Formations in Contemporary South Africa: Does South African Marriage Law Protect Lived Realities?’ 2020 (34) International Journal of Law, Policy and the Family 272-288.
F Osman ‘The Recognition of Customary Marriages Amendment Bill: Much ado about nothing’ 2020 137(3) South African Law Journal 389-407.
F Osman ‘Precedent, waiver and the constitutional analysis of handing over the bride [discussion of Sengadi v Tsambo 2018 JDR 2151 (GJ)]’ 2020 31(1) Stellenbosch Law Review 80-90.
F Osman ‘The consequences of the statutory regulation of customary law: An examination of the South African customary law of succession and marriage’ 2019 (22) PELJ 1-24.
Fatima Osman ‘The ascertainment of living customary law: an analysis of the South African Constitutional Court’s jurisprudence’ 2019 Journal of Legal Pluralism and Unofficial Law 1-16.
F Osman and J Wilke ‘Dress Codes in Schools: A Tale of Headscarves and Hairstyles’ 2018 39(3) Obiter 585-601.
F Osman, ‘Third time a charm? The Traditional Courts Bill 2017’ South African Crime Quarterly June 2018 (64) 45-53.
F Osman and C Himonga ‘The constitutionality of s 7(1) of the Recognition of Customary Marriages Act: Ramhovhi v President of the Republic of South Africa’ 2017 49 (2) The Journal of Legal Pluralism 166-182.
F Osman ‘Ascertainment of customary law: case note on MM v MN’ (2017) 31/1 SAPL 240-246.
F Osman ‘Legislative prohibitions on wearing a headscarf: Are they justified?’ 2014 (17)4 Potchefstroom Electronic Law Journal 1323.
Book Chapters
Behari-Leak, K., Buchanan, H., Flieringa, H., Osman, F., Peters, L., Sonday, A., & Uys, W. F. (2024). Un-disciplining ourselves through an academic professional learning curriculum innovation: Towards social activism in scholarly writing and teaching. In D. de Klerk, G. Krull, T. Maleswena, & F. MacAlister (Eds.), Reimagining South African Higher Education: Towards a Student-Centred Learning and Teaching Future. (pp. 212-228). African Sun Media. https://doi.org/10.52779/9781991260468/12.
F Osman and C Himonga ‘The nature and concept of customary law’ in C Himonga and T Nhlapo in African customary law in South Africa: post apartheid and living law perspectives (2023, OUP) 49-65.
F Osman and IP Maithufi ‘The customary law of succession’ in C Himonga and T Nhlapo in African customary law in South Africa: post apartheid and living law perspectives (2023, OUP) 245-277.
F Osman and R Denson ‘Religious marriages’ in A Barratt (ed) Law of Persons and the Family 3ed (2023, Maskew Miller Learning).
C Rautenbach and F Osman ‘Law of succession and inheritance’ in C Rautenbach Introduction to Legal Pluralism in South Africa (3rd ed) (2022, LexisNexis South Africa).
D Chirwa and F Osman ‘Taming the "Uncivilized" ?: Constitutional and Other Complexities of Banning the Burkini and Other Muslim Dress in Africa’ in Regueiro et al Cultural Anthropology of Clothing: Perspectives on the Burkini (2018, Dykinson).
F Osman and A Barratt ‘Customary marriages’ in A Barratt (ed) Law of Persons and the Family 2ed (2017, Pearson South Africa).
Book notices
F Osman Book review Law of Succession by MJ de Waal and MC Schoeman-Malan (2015) SALJ 2016 133(4) 933.
F Osman Book review Deceased Estates by W Abrie and B de Clercq et al (2015) SALJ 2016 133(4) 931.