n Acta Criminologica: Southern African Journal of Criminology - Ukuthwala as an aberrant traditional practice : the State versus Nvumeleni Jezile 2014 WCD
|Article Title||Ukuthwala as an aberrant traditional practice : the State versus Nvumeleni Jezile 2014 WCD|
|© Publisher:||Criminological and Victimological Society of Southern Africa (CRIMSA)|
|Journal||Acta Criminologica: Southern African Journal of Criminology|
|Affiliations||1 University of South Africa and 2 University of South Africa|
|Publication Date||Jan 2015|
|Pages||169 - 181|
|Issue||Special Edition 4|
|Keyword(s)||Cultural defense, International conventions, Legal principles, Traditional customs, Ukuthwala and Victims|
'Ukuthwala' is a complex and controversial custom that is lately scrutinised by various sectors of society. While the custom is frequently practiced and defended by those doing so, the eventual conviction of Mr Nvumeleni Jezile for human trafficking and rape by the Western Division of the High Court, provides a clear customary and legal framework within which the custom of 'ukuthwala' should be evaluated. It has become apparent that the custom is regularly conducted in an aberrant form, associated with violence, child trafficking, rape and other criminal behaviour under the guise of 'ukuthwala'. Based on the facts of this case, the court determined that sufficient legal authority exists "that child trafficking and any form of child abuse or exploitation for sexual purposes, is not to be tolerated in our constitutional dispensation".
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