Law reforms are needed to prevent unnormal traditions like Ukuthwala

Justice and Correctional Services Minister Ronald Lamola this week said a mouthful about the significance of law reform in a fledgling democracy like South Africa, among others the tradition of ukuthwala. “Historically, there has been a major discrepancy between the content of the law and the ideal of justice,” said Lamola when being presented with four reports from SA Law Reform Commission chair Justice Jody Kollapen, recommending changes to some branches of the law.

“The law is not static, nor is it forever cast in stone. The laws that apply in a country must be dynamic and subject to regular review and improvement when the need arises. Describing ukuthwala as “the act of taking a marriage partner in unconventional ways”, the commission recommended the enactment of a new legislation: the Prohibition of Forced Marriage and Regulation of Related Matters Bill.A criminal offence for anyone to attempt, conspire with any other person to procure another person into a forced or child marriage;It is mandatory for a person convicted of ukuthwala to pay appropriate compensation to the victim for any damages suffered.

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