Picture this. A young girl fetching water at a river with her sister is suddenly jumped by a group of men and shoved into a vehicle. Welcome to the vicious world of ukuthwalwa, where even the loudest scream is paid no attention. This is just what happens to Sibongile in the latest episode of Sibongile & the Dlaminis.
Ukuthwalwa explained
Ukuthwalwa is a cultural custom observed and practised in many African cultures. It involves the kidnapping of a young girl below the age of 18 years by a man to force her family to agree to marriage.
Legal remedies available for a girl-child who is a victim of ukuthwalwa:
- Criminal law: The victim may lay charges for human trafficking, abduction, assault, and/or rape.
- Domestic Violence Act: The girl-child, as a victim of abduction disguised as ukuthwalwa, may apply for a protection order against the perpetrator and his family.
- Civil law: The victim may institute legal proceedings for damages caused by ukuthwalwa. This includes missed education, medical needs, and pain and suffering.
Where to seek help?
SAPS (South African Police Service): 08600 10111
Child Line: 080 005 5555
Department of Social Development: 012 312 7014
SA Human Rights Commission: 011 484 8300
ICD (Independent Complaints Directorate): 011 403 7182
Commission of Gender Equality: 011 403 7182
Culture as a way of life for a group of people is given a place in our constitution, but no culture is above the law.
Find out what happens next to Sibongile by watching Sibongile & the Dlaminis, Mondays to Wednesdays at 18:30 on DStv channel 163. Stream and catch up on episodes on DStv Stream. Join the conversation on Mzansi Wethu's social media on Facebook and X using the hashtag #SibongileXDlaminis.
Sources:
https://www.justice.gov.za/brochure/ukuthwala/ukuthwala.html