Ukuthwala is meant to be consensual, says Prof Thandabantu Nhlapo

Child marriage remains a highly contested issue in South Africa, highlighting the various socio-economic and legal issues surrounding it.

702/Cape Talk's Redi Tlhabi spoke to legal expert, Professor Thandabantu Nhlapo, regarding the practice (referred to as ukuthwala) in rural commuities across the country.

Listen to the conversation below:

The law in South Africa has always been very clear since the passing of the 1998 the age of marriage has been 18, but I think the topical issue is the issue of ikuthwala.

Prof Thandabantu Nhlapo, former Private Law professor

If you think of ukuthwala, there is a school of thought that makes a demonstrably solid case that you could look at it at the time as something reasonably progressive.

Prof Thandabantu Nhlapo, former Private Law professor

Ukuthwala was consensual, so you're talking about people who were already lovers...The reasons were usually a safety valve for lovers to slip out of parental authoritarianism for a list of reasons.

Prof Thandabantu Nhlapo, former Private Law professor

The question is one of culture versus what we conceive as human rights is a big debate.

Prof Thandabantu Nhlapo, former Private Law professor

There are so many short cuts that we take when we deal with culture, particularly with culture and human rights. And a lot of the time in the short cuts, is to default to a value system which is not African.

Prof Thandabantu Nhlapo, former Private Law profesor

Recommended

by NEWSROOM AI
Read More
Does the public trust the media? Some callers say they don't

Does the public trust the media? Some callers say they don't

A caller on The Eusebius Mckaiser Show discusses whether they think SA media is credible or not.

'Some weed plants with high levels of chemicals have been linked to psychosis'

'Some weed plants with high levels of chemicals have been linked to psychosis'

Naked Scientist, Chris Smith shares his insights on some of the risks associated with smoking marijuana.

Ramaphosa to reveal details of stimulus plan to give SA's economy urgent 'CPR'

Ramaphosa to reveal details of stimulus plan to give SA's economy urgent 'CPR'

A stimulus package is a package of economic measures put together by a government to stimulate a struggling economy.

[LISTEN] 'Boys are taught to act out, they are not taught to talk out'

[LISTEN] 'Boys are taught to act out, they are not taught to talk out'

Child protection and development specialist Luke Lamprecht talks about how to repair the lives and the souls of abused boys.

Don't blame racism on illness says Eusebius

Don't blame racism on illness says Eusebius

Eusebius McKaiser says it is not unethical for the media to accurately quote the word k***ir if it was used by someone.

Special child unit says communities must partner with police to protect SA kids

Special child unit says communities must partner with police to protect SA kids

"Child protection is your responsibility, as much as it is mine", says FCS Unit Head in the midst of Child Protection Week.

Popular articles
[Watch] Dad breaks down when reunited with car sold to pay wife’s bills

[Watch] Dad breaks down when reunited with car sold to pay wife’s bills

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

DStv Premium on a downward spiral, warns tech guru

DStv Premium on a downward spiral, warns tech guru

DStv has lost about 140 000 Premium subscribers to Netflix over the past two years, tech expert Arthur Goldstuck.

ANC Tshwane gives mayor ultimatum on non-compliant buildings

ANC Tshwane gives mayor ultimatum on non-compliant buildings

ANC in Tshwane has given the Executive mayor Solly Msimanga 48 hours to produce occupation certificates for three buildings.

Don't blame racism on illness says Eusebius

Don't blame racism on illness says Eusebius

Eusebius McKaiser says it is not unethical for the media to accurately quote the word k***ir if it was used by someone.

Tax ombud to probe Sars – yet again - after taxpayers complain

Tax ombud to probe Sars – yet again - after taxpayers complain

The Money Show’s Bruce Whitfield interviews Adv. Eric Mkhawane, CEO at the Office of the Tax Ombud.

[LISTEN] 'Lesufi has been attacking Afrikaans schools since 2014'

[LISTEN] 'Lesufi has been attacking Afrikaans schools since 2014'

The Freedom Front Plus says the Gauteng Education MEC has flouted school language policies and is destroying Afrikaans.