Between Custom and Constitution: Intersectional Bias Against Women in Plural Legal Systems in Nigeria and South Africa

<ns5:p> In most post-colonial African states, customary law coexists with constitutional frameworks. This coexistence often creates extra disadvantages for women whose intersecting identities such as gender, socioeconomic status, and sometimes religion heighten their vulnerabilities. This paper examines institutional bias in Nigeria and South Africa’s plural legal orders. It focuses on how tensions between patriarchal customary norms and equality-oriented constitutional provisions create unique disadvantages for women in family law domains such as marriage, divorce, and property rights. In Nigeria, despite landmark rulings like the Supreme Court decision in <ns5:italic>Ukeje v Ukeje</ns5:italic> invalidating male primogeniture under Igbo custom as unconstitutional, enforcement gaps persist due to weak integration of customary and statutory systems. These gaps leave women especially rural, low-income women from ethnic minorities vulnerable to exclusion. In South Africa, progressive jurisprudence has played a significant role in advancing living customary law. Cases such as <ns5:italic>Bhe v Magistrate Khayelitsha</ns5:italic> which abolished discriminatory inheritance rules and <ns5:italic>Mayelane v Ngwenyama</ns5:italic> which requires the first wife’s consent in polygamous marriages have aligned customary law with constitutional equality. Yet implementation challenges in rural communities reveal ongoing intersectional disparities influenced by class, ethnicity, and access to justice. Drawing on intersectionality theory, the paper shows cultural competency gaps in judicial and lawyering practices. It argues for reforms such as hybrid judicial training, community-based legal aid rooted in restorative models, and stronger constitutional overrides to foster equity. These recommendations aim to bridge custom and constitution. The paper contributes to the development of decolonized and inclusive justice in the global south. </ns5:p>