Ukuthwala Case Study

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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
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The legislation should make ukuthwala a criminal offense and have civil remedies available to victims of ukuthwala. There might be push back to the criminalization of the work ukuthwala because of its native origins, but the native origins have also been used by perpetrators to justify their conduct and community members and police officers for condoning ukuthwala. While criminalizing the word sends the strongest message to potential perpetrators about the serious nature with which it will be prosecuted, another option is to use different phrase like matrimonial abduction, which would encompass a similar idea.
The more important part of criminalizing the current form of ukuthwala is not the name, it is the definition that will make sure that the victims receive the justice they deserve. The intent focuses on the customary reasons that would permit ukuthwala. The intention may be to cure loneliness or even just to have sex. None of these excuses or any other excuse justifies the discrimination against the bridegroom and the loss of her voice in the
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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

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