No harm in ukuthwala ‘if young woman consents’

Ukuthwala, although a recognised method of marriage, is not relevant in modern societies.

This is the sentiment of cultural law expert Professor Digby Koyana, who said ukuthwala had been practised by African people for hundreds of years.

“For people who are living in far removed villages where the custom is practised in its truest form then it’s fine. “The problems creep in when it is practiced is communities where girls have different aspirations and dreams,” he said.

Koyana said for some rural communities it is viewed as a natural progression of life, just like circumcision.

He said in some communities girls grew up expecting and anticipating an arranged marriage.

A common Xhosa idiom is ingcwaba lentombi lisemzini (a girl’s grave is at her marital home).

He said a girl’s consent was essential in a marriage, however.

“In modern communities, girls want to study and some dream of travelling.

“In those communities, their male counterparts are equally educated and they do not practice the custom either.

“The law does not say ukuthwala is illegal. The law says consent must be seen to be there.

“This law is there to protect young girls,” he said.

“If the girl is not agreeable at all, force should not be exerted.

“Parents should back down when the girl disagrees.”

Koyana said levels of education had a huge impact on a community’s outlook of life. He said the more educated a community was, the more their views of the world changed and broadened.

“Back in the day, there was no fixed age for marriage. Also, going to school was not a big thing then, and so the time was favourable.

“Now the time is not favourable,” he said. — siyab@dispatch.co.za