Section 12(2)(a) prohibits the “giving out” in either marriage or engagement of a child below the minimum age set by law for a valid message” . A strict interpretation of this provision would prevent a charge under ukuthwala because the female child is technically taken from her parents. Even if lobolo is negotiated, the parents are supposedly forced into these negotiations after the abduction according to the traditional interpretation of ukuthwala.
Section 8 (d) of Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) states that any practice including traditional, customary, or religious practice which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity …show more content…
Parents, relatives or other who collude in, or aid and abet, the ukuthwala of a girl child commit the crime of sexual exploitation of children. Having sex with a child without her consent following her kidnapping and abduction constitutes rape under section 15 . Regarding a child, the age of consent is 16 . Furthermore, sex with a child that is 12 years or below is rape, as a child of that age is legally incapable of providing consent .
The problem is that while these different pieces of legislation may deal with ukuthwala in a piecemeal fashion, none of these laws specifically mention ukuthwala and that is what is needed. This is why there needs to be new, unique legislation that stands independent of other law and directly deals with the issue of …show more content…
The adage is takes a village to raise a child is appropriate here. An essential part of raising a child is protecting and preserving its innocence from being taken away too soon. The community needs to work together to ensure that young girls are not thwalaed and the parents, police, and social workers in the community play an essential role in protecting the innocence of the young girl. Because the voice of the female is irrelevant in the ukuthwala process, her concerns with the situation are usually ignored. Ukuthwala burdens the girl child with the responsibility of being a wife with a husband and in most cases children and in-laws to serve or look after. Health hazards could occur: HIV, STIs, pregnancy-related complications. Social development is
Section 8 (d) of Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) states that any practice including traditional, customary, or religious practice which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity …show more content…
Parents, relatives or other who collude in, or aid and abet, the ukuthwala of a girl child commit the crime of sexual exploitation of children. Having sex with a child without her consent following her kidnapping and abduction constitutes rape under section 15 . Regarding a child, the age of consent is 16 . Furthermore, sex with a child that is 12 years or below is rape, as a child of that age is legally incapable of providing consent .
The problem is that while these different pieces of legislation may deal with ukuthwala in a piecemeal fashion, none of these laws specifically mention ukuthwala and that is what is needed. This is why there needs to be new, unique legislation that stands independent of other law and directly deals with the issue of …show more content…
The adage is takes a village to raise a child is appropriate here. An essential part of raising a child is protecting and preserving its innocence from being taken away too soon. The community needs to work together to ensure that young girls are not thwalaed and the parents, police, and social workers in the community play an essential role in protecting the innocence of the young girl. Because the voice of the female is irrelevant in the ukuthwala process, her concerns with the situation are usually ignored. Ukuthwala burdens the girl child with the responsibility of being a wife with a husband and in most cases children and in-laws to serve or look after. Health hazards could occur: HIV, STIs, pregnancy-related complications. Social development is