Ukuthwala in South Africa is an indigenous African custom that involves the mock abduction of a girl as a precursor to a customary marriage. The practice of the custom has resulted in contested and strong debates about its place in a constitutional democracy. Using African feminist legal theory, which ‘seeks to transform the rules and principles governing particular areas of law, so as to make them more responsive to women’s needs and more reflective of women’s perspectives’, we ask: Do the existing state structures adequately come to the aid, and support those who have been victims of ukuthwala practice? Is this in conformity with the values and ideals of South Africa and international human standards? Through anecdotal evidence of the community in the Jezile case, our answers to both questions are: ‘No’.

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Beyond the Legal Debates: An African Legal Feminist Response to Support Victims of Ukuthwala in South Africa

  • Lea Mwambene,
  • Helen Kruuse

摘要

Ukuthwala in South Africa is an indigenous African custom that involves the mock abduction of a girl as a precursor to a customary marriage. The practice of the custom has resulted in contested and strong debates about its place in a constitutional democracy. Using African feminist legal theory, which ‘seeks to transform the rules and principles governing particular areas of law, so as to make them more responsive to women’s needs and more reflective of women’s perspectives’, we ask: Do the existing state structures adequately come to the aid, and support those who have been victims of ukuthwala practice? Is this in conformity with the values and ideals of South Africa and international human standards? Through anecdotal evidence of the community in the Jezile case, our answers to both questions are: ‘No’.