The thin edge of the wedge: ukuthwala, alienation and consent
- Mwambene, Lea, Kruuse, Helen
- 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.
- Full Text:
- Date Issued: 2017
- 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.
- Full Text:
- Date Issued: 2017
From the grave to the cradle : the possibility of post-mortem gamete retrieval and reproduction in South Africa
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: Article
- Identifier: vital:24533 , http://hdl.handle.net/10962/36254 , http://www.tandfonline.com/doi/abs/10.1080/19962126.2012.11865059
- Description: The development of reproductive technologies in the last century, such as effective contraceptive methods, artificial insemination, pre-implantation genetic diagnosis, amongst others, has fundamentally reshaped traditional concepts of reproduction parenthood and has raised practical and ethical concerns. This article describes one such development, namely, post-mortem gamete retrieval (PMGR) for the purposes of posthumous reproduction. In exploring the particular concerns arising from this technology, I argue that South Africa lacks a coherent, considered approach to the issue. In considering models adopted in overseas jurisdictions, and the various bases for the legalisation of such a procedure, I adopt an interest theory of rights to argue for restricted access to such a technology in suitable circumstances.
- Full Text:
- Date Issued: 2012
- Authors: Kruuse, Helen
- Date: 2012
- Language: English
- Type: Article
- Identifier: vital:24533 , http://hdl.handle.net/10962/36254 , http://www.tandfonline.com/doi/abs/10.1080/19962126.2012.11865059
- Description: The development of reproductive technologies in the last century, such as effective contraceptive methods, artificial insemination, pre-implantation genetic diagnosis, amongst others, has fundamentally reshaped traditional concepts of reproduction parenthood and has raised practical and ethical concerns. This article describes one such development, namely, post-mortem gamete retrieval (PMGR) for the purposes of posthumous reproduction. In exploring the particular concerns arising from this technology, I argue that South Africa lacks a coherent, considered approach to the issue. In considering models adopted in overseas jurisdictions, and the various bases for the legalisation of such a procedure, I adopt an interest theory of rights to argue for restricted access to such a technology in suitable circumstances.
- Full Text:
- Date Issued: 2012
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