What is the ukuthwala custom?
What is the ukuthwala custom?
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.
What is ukuthwala and why is it illegal?
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.
Why is ukuthwala still Practised?
The ukuthwala practice is an old custom that is once acceptable to indigenous laws and its people. It has been common in African countries and been in existence since back then. Those women are still with their partners for many years now and have children together.
What is meant by the traditional ritual of ukuthwala?
Ukuthwala is the South African term for bride kidnapping, the practice of a man abducting a young girl and forcing her into marriage, often with the consent of her parents. These “marriages by capture” occur mainly in rural parts of South Africa, in particular the Eastern Cape and KwaZulu-Natal.
Is ukuthwala illegal in South Africa?
“Ukuthwala is illegal because it is statutory rape if the child is under the age of 16 but there’s also a legislation stating that a minor can get married if their parents consent,” she said.
Are arranged marriages legal in South Africa?
The Children’s Act now prohibits the arrangement of marriages or engagements for children below the minimum age for a valid marriage (i.e., 12 years for girls and 14 years for boys). Furthermore, the Act requires the child’s consent to the arrangement of his/her marriage or engagement.
Why do certain communities in South Africa still practice ukuthwala?
Various reasons exist for the practice of ‘ukuthwala’, some of which are arguably strong and weighty. They include: to force the father of the girl to give his consent, to avoid the expense of the wedding and to speed matters up if the woman is pregnant.
What does ukuthwala Ngenyoka mean?
mkhulu Thamsanqa: Ukuthwala ngenyoka is to partake in an agreement with evil spirits to attain your heart’s desires. Engaging in such an agreement comes at a price as you’re bonded in spirit to the evil spirit, a snake, as an example.
Is Arranged marriage legal in South Africa?
Can you have 2 wives in South Africa?
Polygamous marriages are not allowed under the Marriage Act and the Civil Unions Act. A person married under the Civil Union Act which allows same-sex couples to marry, may not enter into marriage with a second partner until the existing marriage is dissolved.
What are the 3 types of marriage in South Africa?
Three types of marriages are recognised under South African law: civil marriages, customary marriages and civil unions.
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.
Can adopted siblings marry in South Africa?
Adoption does not remove the obstacle and it is illegal for adopted parties to marry persons related to them in the prohibited degrees of blood, even though there is no blood connection.
Can you marry your cousin in South Africa?
Ascendants and descendants in the direct line – father and daughter, grandfather and granddaughter, and so forth – may not marry each other. Collaterals are prohibited from intermarrying if either of them is related to their common ancestor in the first degree of descent.
What is Ukutheleka custom?
How do I dissolve a customary marriage in South Africa?
A court may dissolve a customary marriage by a decree of divorce on the ground of irretrievable breakdown of the marriage (s 8(1) of the RCMA). It is also trite law that before a court dissolves the marriage; it must be prima facie proved that the marriage exists.