The cases of ukuthwala that have seized public attention over the last few years involve the violent abduction, and sometimes rape, of girls as young as 12 by older men. In addition to being illegal under criminal law, these abductions have been criticised by some scholars and traditional leaders for distorting the “real custom” of …
Category: Opinion
Permanent link to this article: https://www.customcontested.co.za/ukuthwala-even-living-custom-must-be-developed-to-comply-with-constitution/
Jul 22 2013
Inclusivity vs. exclusivity: Zulu nationalism’s battle within
For most of the 100 years of the ANC’s history, two distinct strands of Zulu nationalism competed for dominance in the party, especially in KwaZulu-Natal: one conservative, and closed off; the other, progressive and inclusive of other communities. Since the death of Zulu King Cetshwayo in 1883, the leitmotif of politics in what became known …
Permanent link to this article: https://www.customcontested.co.za/inclusivity-vs-exclusivity-zulu-nationalisms-battle-within/
Jul 15 2013
Validity of “ukuthwala” depends on definition of custom
Since 2008, a series of cases in which young girls have been abducted and forcibly married to much older men in the Eastern Cape and KwaZulu Natal has captured national attention. Journalists and community members have grouped these abductions together under the heading of ukuthwala cases. Men who have committed these abductions defend them as customary, and …
Permanent link to this article: https://www.customcontested.co.za/ukuthwala/
Jul 02 2013
Mayelane v Ngwenyama and Minister for Home Affairs: A reflection on wider implications
On 30 May 2013 the Constitutional Court decided in Mayelane v Ngwenyama and Minister for Home Affairs[acp footnote]CCT 57/12 [2013] ZACC 14 (30 May 2013).[/acp] that under Tsonga customary law, the first wife must consent to her husband taking an additional wife in order for the second marriage to be valid. The Court invalidated the …
Permanent link to this article: https://www.customcontested.co.za/mayelane-v-ngwenyama-and-minister-for-home-affairs-a-reflection-on-wider-implications/
Jun 24 2013
Sigcau case: Custom is found in practice, not in law or books
The Constitution, in Chapter 12, recognises ‘the institution, status and role of traditional leadership, in terms of customary law’. On the face of it, this provision was simply designed to bring traditional leaders into the constitutional framework. However, legislation dealing with traditional leadership was subsequently enacted and the question then becomes whether this legislation is consistent with …
Permanent link to this article: https://www.customcontested.co.za/custom-is-found-in-practice-not-in-law-or-books/
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