Current debates over ukuthwala invoke the idea of custom to both criticise and justify the practice. Participants on both sides of this debate use historical claims to justify their position. The legal status of custom is not determined by history, but for many observers the popular legitimacy of custom depends on a practice’s deep historical …
Tag: ukuthwala
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Aug 05 2013
“Ukuthwala”: Even living custom must be developed to comply with Constitution
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 …
Permanent link to this article: https://www.customcontested.co.za/ukuthwala-even-living-custom-must-be-developed-to-comply-with-constitution/
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/
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