The thin edge of the wedge: ukuthwala, alienation and consent
- Authors: Mwambene, Lea , Kruuse, Helen
- Date: 2017
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129165 , vital:36226 , https://doi.org/10.1080/02587203.2017.1303902
- Description: Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the practice of ukuthwala. However, the case of Jezile v S brings theory into reality, putting in stark relief the issues that surround this custom in a constitutional democracy. The Jezile case highlights the disjuncture between communities’ lived realities and the constitutional imperatives of the right to practice one’s culture, as well as the rights to equality and dignity, specifically for women and the girl child in the context of ukuthwala. Based on field research conducted in September 2015 and April 2016 in Engcobo (where the ukuthwala was alleged to take place in Jezile), this article sets out the community’s views in the aftermath of the case. Highlighting the alienation of the community from the law, and the complexities in understanding consent, the article posits that much more needs to be done from the ‘bottom up’ to ensure gender equality and protection of the girl child from harm.
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- Date Issued: 2017
Unfulfilled promises: the implementation of the Recognition of Customary Marriages Act in South Africa
- Authors: Mwambene, Lea , Kruuse, Helen
- Date: 2015
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/129175 , vital:36227 , DOI:10.1093/lawfam/ebv009
- Description: The Recognition of Customary Marriages Act 1998 (the Act) regulates all matters in relation to customary marriages in South Africa. The Act was specifically enacted to recognize customary marriages as valid, but was also passed to address gender inequality by regulating various customary marriage aspects, the most important being registration and proprietary consequences. This article reflects on the findings of a qualitative study on the registration and proprietary consequences of customary marriages conducted in two rural sites in the Eastern Cape (the former Ciskei and Transkei) and one urban site in the Western Cape (Khayelitsha). These findings show two important issues. First, that access to resources upon death of a spouse or divorce is often premised on successful registration of the marriage, which seldom occurs. Secondly, that the continued patriarchal nature of customary marriages stands in the way of realizing gender equality, particularly in relation to the proprietary consequences of a marriage. As a result, we make possible recommendations of how the Act’s objectives can be met.
- Full Text: false
- Date Issued: 2015