The Commission for Gender Equality (CGE) will host a dialogue on the findings of ukuthwala. The purpose of the dialogue is to table findings on the investigation, share concerns and shortcomings, instances of best practice by some departments, and present its recommendations.
Date: Friday, 16 November 2012
Time: 08h30 for 09h00 – 13h00
Venue: 15th floor Commercial City building, 40 Dr AB Xuma Street (former Commercial Road), Durban
Background to the investigation on state response to ukuthwala in KwaZulu-Natal (KZN)
The CGE is mandated by S187 the South African Constitution: to promote respect for, and the protection, development and attainment of gender equality.
The CGE Act No 39 of 1996 further obligates it:
To monitor and evaluate legislation, policies and practices of the state, statutory bodies and private businesses, as well as indigenous and customary laws and practices; research and make recommendations to Parliament; receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality. CGE has powers of subpoena and litigation.
PEPUDA Act 4 of 2000 also:
Obligates the CGE to institute proceedings of unfair discrimination on the grounds of gender
Rationale to the investigation:
CGE decided to investigate various government departments in KwaZulu-Natal (KZN) to ascertain the extent of interventions and policy responses implemented by the provincial government to eradicate the practice and address the violation of rights. This investigation was prompted by the following concerns:
The GCE has observed an increase in reports of girls between the ages of 11 and 18 who have been abducted and compelled to marry men, under the pretence of the customary practice of ukuthwala.
The abduction of girls by men, the associated instances of sexual assault, underage lobola and pregnancy, drop-out from schooling, constitute a direct violation of girls’ constitutional rights
The CGE is concerned that these practices are being condoned by some as part of culture despite outright criminal acts being committed which are in conflict with the South African Constitution, international obligations, domestic legislation and the very basic need for human development.
The following departments were investigated:
- South African Police Services (SAPS)
- National Prosecuting authority
- Department of Social Development
- The Office of the Premier
- Department of Health
- Department of Education.
