CRW2603
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, UKUTHWALA AND THE LAW IN SOUTH AFRICA (2 ESSAYS PROVIDED)
Ukuthwala is a customary practice in South Africa that is related to marriage
negotiations and the crime of kidnapping and abduction, as well as possible rape
and sexual assault. It is traditionally understood as a process where a man and his
family initiate marriage negotiations by symbolically taking a woman to his home. In
its original and accepted form, this practice was not meant to involve violence or
coercion, but rather formed part of cultural processes that led to lobola negotiations
and eventual marriage.1
However, over time, the practice has been misused. In some cases, young girls are
taken without their consent and forced into marriage. This distortion has raised
serious legal and human rights concerns. South African law recognises customary
practices, but only to the extent that they are consistent with the Constitution.2
1
L Mwambene and RH Mqidlana, ‘Should South Africa Criminalise Ukuthwala Leading to Forced
Marriages and Child Marriages?’ (2021) Potchefstroom Electronic Law Journal s 5.
2
Constitution of the Republic of South Africa, 1996 s 2.
© Study Shack 2026. All rights Reserved +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: March 2026
This document includes:
Helpful answers and guidelines
Detailed explanations and/ or calculations
References
Connect with the tutor on
+27 81 278 3372
, UKUTHWALA AND THE LAW IN SOUTH AFRICA (2 ESSAYS PROVIDED)
Ukuthwala is a customary practice in South Africa that is related to marriage
negotiations and the crime of kidnapping and abduction, as well as possible rape
and sexual assault. It is traditionally understood as a process where a man and his
family initiate marriage negotiations by symbolically taking a woman to his home. In
its original and accepted form, this practice was not meant to involve violence or
coercion, but rather formed part of cultural processes that led to lobola negotiations
and eventual marriage.1
However, over time, the practice has been misused. In some cases, young girls are
taken without their consent and forced into marriage. This distortion has raised
serious legal and human rights concerns. South African law recognises customary
practices, but only to the extent that they are consistent with the Constitution.2
1
L Mwambene and RH Mqidlana, ‘Should South Africa Criminalise Ukuthwala Leading to Forced
Marriages and Child Marriages?’ (2021) Potchefstroom Electronic Law Journal s 5.
2
Constitution of the Republic of South Africa, 1996 s 2.
© Study Shack 2026. All rights Reserved +27 81 278 3372
