African-Centred Mediation in Zulu Marriages: Challenging Western Dominance in Family Law

Abstract

The restructured South African family law system emphasized mediation as an alternative dispute resolution for marriage and divorce matters. However, the dominant family mediation knowledge is rooted in Western paradigms, overlooking the complexities, culture, traditions, and philosophical basis of Indigenous African family and marriage systems. Rooted in African studies’ principles of reclaiming and validating African-centered knowledge, this study explores how family mediation is constructed and enacted in Indigenous Zulu marriages. African-centred mediation drawing on a qualitative exploratory design, the study uses data from interviews with 14 purposively selected participants, including 9 senior community members and 5 community leaders. It examines how Indigenous African families understand and practice mediation, its timing and context, and the key role of players involved. Contrary to Western-centered mediation, which is initiated by a professional unfamiliar with the family, time-bound process, the findings reveal that Indigenous African mediation is relational, intergenerational, and deeply embedded in cultural practices. In Indigenous Zulu Communities, family mediation is not initiated as a response to a marriage dispute but begins during the initial phase of love negotiations (ukushela). It forms part of marriage’s spiritual, communal, and historical dimensions, framing it as a heritage site where the departed, the living, and future generations converge.

Plain language summary

This study calls for South Africa’s family laws and education system to include more African-centered knowledge. It calls for fairness in how knowledge is valued and used, ensuring that local traditions, histories, and ways of understanding are recognized. The study promotes a more just and inclusive approach to social science that empowers communities and reflects their lived experiences.