A family claims that a customary practice means a girl must marry whom the family chooses.
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The Situation
What They Said
“It is our custom — this is how marriages are done in our culture. The girl will marry whom we say.”
A family uses a customary practice involving abduction or coercion to justify a forced or arranged marriage, particularly involving a young girl.
The Fallacy
Appealing to Custom to Override Consent
Some traditional practices involved symbolic capture preceding a negotiated marriage, with the woman's eventual knowledge and often tacit agreement. However, such practices have been misused to justify genuine forced marriages, including of minors, entirely without consent. This misapplication confuses a cultural practice with permission for abduction and forced marriage. Even in its original form, any practice must respect the fundamental principle of free and full consent to marriage.
What the Law Says
Your Legal Foundation
Código Penal
art. 145 bis del Código Penal — Forced marriage crime
“Article 145 bis: the penalty shall be five (5) to ten (10) years of imprisonment when: ... 6. The perpetrator is an ascendant, descendant, spouse, relative in the direct line, collateral or cohabitant, guardian, curator, authority or minister of any recognized or unrecognized cult, or person in charge of the education or custody of the victim.”
In this situation, the family members using ukuthwala to force a young girl into marriage would likely be considered ascendants or guardians, and their use of coercion or abuse of authority falls under the aggravating circumstances of Article 145 bis, increasing the penalty for human trafficking.
What Scripture Says
God's Word on This
Genesis 24:58 (NET)
“So they called Rebekah and asked her, 'Will you go with this man?' She replied, 'I will go.'”
Even in the ancient biblical account of arranged marriage, Rebekah was asked for her own consent. Marriage requiring the woman's 'yes' is as old as Scripture.
Constitution Section 12(2)(a) via 1 Corinthians 7:4 (NET)
“The wife does not have authority over her own body but her husband does; likewise also the husband does not have authority over his own body but his wife does.”
The apostle Paul placed mutual bodily authority within marriage — radical for his time. Forced entry into marriage or forced sexual relations within marriage contradicts this principle of mutuality.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.