The regulation of ukuthwala in South Africa: lessons from Malawi
type: CreativeWork
description: South Africa is a pluralistic society whose supreme constitution protects the right to culture and other fundamental human rights, such as the right to equality and human dignity. South Africa is also party to a number of international and regional human rights instruments which aim to protect women and children from discrimination and harmful practices. It is important to consider these instruments as they create the normative standards to which South Africa is bound. Today, the continued practice of certain cultural practices, which are seen as inherently cultural, risk the violation of the Constitution and international and regional instruments. This thesis examines the tension between the right to culture and, inter alia, the right to dignity and equality, through the practice of ukuthwala. Ukuthwala, also known as bridal abduction, is mainly prevalent in the Eastern Cape and Kwazulu Natal provinces of South Africa, though it is also practiced in other provinces of the country. It aims to address the question: how can south Africa regulate ukuthwala? In coming to an answer, this thesis examines how Malawi has regulated the harmful cultural practice (HCP) of child marriage. Like South Africa, Malawi is a pluralistic society with a supreme constitution which protects, inter alia, the right to participate in the cultural life and the right to human dignity and personal freedoms. In line with its international and regional human rights obligations, Malawi has promulgated legislation to formally regulate HCPs. However, such “top-down” interventions are not always the best approach in African societies, as they are often theoretically beneficial to those they aim to help, but practically do not help. As such, there is a need for a “bottom-up” approach, one that involves the community, in creating solutions that regulate the HCPs affecting them. In this regard, various communities in Malawian districts have employed community “by-laws”, which are community made rules a…
abstract: South Africa is a pluralistic society whose supreme constitution protects the right to culture and other fundamental human rights, such as the right to equality and human dignity. South Africa is also party to a number of international and regional human rights instruments which aim to protect women and children from discrimination and harmful practices. It is important to consider these instruments as they create the normative standards to which South Africa is bound. Today, the continued practice of certain cultural practices, which are seen as inherently cultural, risk the violation of the Constitution and international and regional instruments. This thesis examines the tension between the right to culture and, inter alia, the right to dignity and equality, through the practice of ukuthwala. Ukuthwala, also known as bridal abduction, is mainly prevalent in the Eastern Cape and Kwazulu Natal provinces of South Africa, though it is also practiced in other provinces of the country. It aims to address the question: how can south Africa regulate ukuthwala? In coming to an answer, this thesis examines how Malawi has regulated the harmful cultural practice (HCP) of child marriage. Like South Africa, Malawi is a pluralistic society with a supreme constitution which protects, inter alia, the right to participate in the cultural life and the right to human dignity and personal freedoms. In line with its international and regional human rights obligations, Malawi has promulgated legislation to formally regulate HCPs. However, such “top-down” interventions are not always the best approach in African societies, as they are often theoretically beneficial to those they aim to help, but practically do not help. As such, there is a need for a “bottom-up” approach, one that involves the community, in creating solutions that regulate the HCPs affecting them. In this regard, various communities in Malawian districts have employed community “by-laws”, which are community made rules a…
author: Saukila, Tonthozo
keywords: Human Rights
date published: 2022
date modified: 2026-07-22T22:23:34Z
provider: University of Cape Town
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Department of Public Law

PropertyValue
property ID: Handle
value: http://hdl.handle.net/11427/37829