What is the purpose of Ukuthwala?
Ukuthwala is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling the girl or young woman’s family to endorse marriage negotiations.
How Ukuthwala is against the law?
Having sex with a child without her consent, following her kidnapping and abduction (Ukuthwala), constitutes rape in violation of the Criminal Law (Sexual Offences) Amendment Act, 2007 (Section 15). This Act, which is known as the Sexual Offences Amendment Act, 2007, prohibits sex with a person without their consent.
What is Ukungena custom?
Ukungena union is a custom practiced by both Nguni and Sesotho speaking groups according to. which a widow cohabitates with the brother or any male relative of the deceased husband. According. to this custom, death of one of the spouses in a customary marriage does not dissolve the marriage.
Is Ukungena compulsory?
She cannot be compelled. The union does not create a legal obligation between the parties and it may be terminated unilaterally by either one of the parties. In traditional customary law the status of the children born from the ukungena union vis-ä-vis children born from the marriage had to be resolved.
Is ukuthwala legal?
The findings, amongst others, are that ukuthwala in its traditional form is a legitimate customary law practice which was often resorted to when obstacles arose in order to force the parents of the young woman to negotiate marriage. Ukuthwala is not synonymous with forced and early marriages.
What is Ukutheleka?
The ukutheleka custom is found among some South Nguni, whereby the marriage goods are delivered in “instalments” after the wife has been transferred to her husband group.
What is the Black Administration Act?
The repealed Black Administration Act 38 of 1927 aimed: to provide for the better control and management of black persons’ affairs.
What does Mangangahlaa mean?
It unified the court members and litigants and help to remove any visible trace of disagreements between these parties through sharing a meal; Today the court levy or mangangahla serves as a fine in a form of money to be paid into the tribal court.
Is forced marriage legal in South Africa?
While there is no forced marriage specific criminal legislation both the Marriage Act and the Recognition Act require the consent of both parties for a marriage to be valid and under Section 1 of the Children’s Act, exploitation in relation to a child is defined to include all forms of slavery or practices similar to …
When can a betrothal be terminated?
By mutual consent; One cannot force another to marry you. Unilateral termination, for whatever reason, will terminate an engagement; When circumstances occur that jeopardise the prospect of a happy future marriage, a party may terminate an engagement.
What is Section 23 of the Black Administration Act?
Section 23 of the Black Administration Act (1) All movable property belonging to a Black and allotted by him or accruing under Black law or custom to any woman with whom he lived in a customary union, or to any house, shall upon his death devolve and be administered under Black law and custom.
What does Section 11 of the Constitution protects?
Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion.
What is the ukuthwala custom in South Africa?
Ukuthwala, ‘forced marriage’ and the South African Children’s Act In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, preliminary to a customary marriage, a young man, by force, takes a girl to his home.
Why is ukuthwala has no place in modern society?
It will be essential to tread the fine line between finding fault with an entire culture and its people, and rejecting a single custom that may no longer have a place in modern society. Community engagement will be vital to initiate the discourse on the harmful effect of the misused form of ukuthwala.
Are there laws against Ukuthwala in South Africa?
The article concludes with a few recommendations. Firstly, despite having a range of laws, conventions and protocols that are supposed to regulate ukuthwala in South Africa, abuse of the custom continues. Therefore, the country does not necessarily need more laws, but rather more competent enforcement of existing ones.
Is the right to freedom of religion affected by ukuthwala?
An analysis of these considerations against the backdrop of ukuthwala yields the following: (i) Expressly prohibiting ukuthwala would limit the right to freedom of religion, belief and opinion as well as the right to language and culture.