Tag: customary law

Documentary on Ukuthwala raises important questions

“Ukuthwala: Stolen Innocence” (watch below) is a 2011 documentary produced by the World AIDS campaign and directed by Fiona Summers and Damien Steward. The documentary focuses on ukuthwala, a practice where girls and women often are abducted and forced into marriage. Historian Elizabeth Thornberry notes that “men who have committed these abductions defend them as …

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Permanent link to this article: https://www.customcontested.co.za/documentary-ukuthwala-raises-important-questions/

Jezile Appeal Highlights Difficult Questions About Ukuthwala and Violence*

Are rape and force legitimate parts of custom? When a man raises ukuthwala as a defence to rape, assault and trafficking, what consideration should these assertions be given? The answers to these questions are not simple, and are dependant on what one’s view or definition of culture is.  It is for this reason that the …

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Permanent link to this article: https://www.customcontested.co.za/jezile-appeal-highlights-difficult-questions-ukuthwala-violence/

Rural land rights in jeopardy*

More than 2 000 people attended a recent government summit on land tenure security. They included large numbers of traditional leaders, but also farmworkers, farm dwellers, land reform beneficiaries and people living in the former homelands whose voices are often most marginalised in the national discourse. While there were some divergent views, one of the clearest messages …

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Permanent link to this article: https://www.customcontested.co.za/rural-land-rights-jeopardy/

Class, race and the new native*

South Africa today suffers a confusion between the rule of the people, the rule of law and the rule of property. The single most important transformation brought about by the end of apartheid was an acceleration in turning South African society from a society of control into a society of consumption. This shift has been …

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Permanent link to this article: https://www.customcontested.co.za/class-race-new-native/

Land claims could blow up in Zuma’s face*

Several traditional leaders recently announced their intention to lodge restitution claims to vast and overlapping swaths of land. They include the Zulu king, leaders of the Hlubi, Rharhabe and Thembu, and President Jacob Zuma’s nephew Simphiwe Zuma, on behalf of the KwaNxamalala clan. King Goodwill Zwelithini has announced that his claim goes back to 1838 …

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Permanent link to this article: https://www.customcontested.co.za/land-claims-blow-zumas-face/

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