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 …
Tag: customary law
Permanent link to this article: https://www.customcontested.co.za/ukuthwala/
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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