What is ukuthwala Intombi?
Whereas, ukuthwala is a pretence kidnapping, ukuthwala intombi is not a. pretence kidnapping, but an actual abduction of a girl child by a man and his. friends with the intention to compel the girl‟s family to endorse marriage. negotiations. Specifically, ukuthwala intombi involves the forced marriage of a.
Where can victims of ukuthwala get help?
Social assistance: It is open to a victim of Ukuthwala to approach the South African Social Security Agency or any Department of Social Services for a social grant for their children.
How ukuthwala is against the law?
In addition, Ukuthwala and the rape and early marriage involved in Ukuthwala violate the provisions of Section 8 of the Equality Act, which include: gender based violence; and “any practice, including traditional customary or religious practice, which impairs the dignity of women and undermines equality between women …
Is ukuthwala legal in South Africa?
South Africa has a number of statutory as well as common law provisions, which can be used to prosecute those found to have committed offences. South Africa does not need to outlaw and criminalise ukuthwala in its entirety but does need to distinguish between the distorted and the traditional forms of ukuthwala.
Why is Ukuthwala still practiced?
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 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.
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 …
Does Ukuthwala exist?
The practice of ‘ukuthwala’ is said to be cultural and to have been practiced by indigenous people. However, the way it is practiced currently is illegal and harmful to the wellbeing of young girls.
What does Ukutheleka custom mean?
Are child marriages legal in South Africa?
South Africa, by prescribing the marriageable age to be 18 years for both girls and boys under the Recognition of Customary Marriages Act,115 arguably has outlawed all customary marriages of children under the age of 18 years.
What does the law say about forced marriage?
The key distinction is that a forced marriage involves a lack of consent by one or both parties and where coercion or pressure may be a factor. Arranged marriage involving adults who are freely consenting is legal and does not breach the law or breach legal rights.
What is the difference between law and custom?
Custom–spontaneous, traditional, personal, commonly known, corporate, relatively unchanging–is the modality of primitive society; law is the instrument of civilization, of political society sanctioned by organized force, presumably above society at large and buttressing a new set of social interests.