Child brides crime, not culture

15 December 2015 - 02:25 By Aarti J Narsee

Girls as young as nine are being kidnapped, forced into marriage, and raped under the guise of ukuthwala, but now a draft bill from the South African Law Reform Commission is calling for the prosecution of anyone who "aids, abets, incites, instigates [and/or] commands" this crime. The Draft Prohibition of Forced Marriages and Child Marriages Bill also makes provision for a forced marriage protection order, which would protect girls and women if their husband is acquitted in court, and can stop a marriage from happening.Experts anticipate opposition to the bill, particularly from some traditional leaders. The bill is open for public comment until the end of January.Many forced marriages were reported during the festive season as well as over Easter, long weekends and school holidays, the commission said in its discussion paper.The commission's report stated: "The parents of the girls rarely reported these abductions to the police for fear of reprisals, ridicule or being shunned by community members."In some cases, when they did report the matter to the authorities, they were told ukuthwala is a cultural issue."The Supreme Court of Appeal ruled that ukuthwala could not be used as a defence for rape.Eastern Cape House of Traditional Leaders chairman Ngangomhlaba Matanzima said he was not aware of the bill."Ukuthwala is one of our customs," he said...

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