dc.contributor.author | Ngema, Nqobizwe Mvelo | |
dc.date.accessioned | 2013-05-23T07:09:32Z | |
dc.date.available | 2013-05-23T07:09:32Z | |
dc.date.issued | 2013 | |
dc.identifier.citation | Ngema, N.M. 2013. The inforcement of the payment of lobolo and its impact on children's rights in South Africa. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 16(1):405-425 [http://www.nwu.ac.za/p-per/index.html] | en_US |
dc.identifier.issn | 1727-3781 | |
dc.identifier.uri | http://hdl.handle.net/10394/8552 | |
dc.description.abstract | Various communities in South Africa practise the custom of lobolo (payment in kind
or cash by a prospective husband or the head of his family to the head of the
prospective wife’s family in consideration of a customary marriage). These
communities may be divided into two groups, those practicing theleka (the
withholding of a wife by her father or guardian from her husband to coerce him to
pay the outstanding lobolo) and those that do not. In the communities practising
theleka the amount of lobolo is not fixed and the father or guardian of the wife may
from time to time theleka the wife and demand one to three head of cattle from his
son-in-law. The wife and her children, if there are any, may be held by their
maternal grandfather until the payment of lobolo has been met. The main issue this
article examines is whether the custom of theleka impacts on the custody of children
or not. It also examines the concept of the best interests of the child and finds that
theleka custom in its current form does impact on the custody of the child and
conflicts with the child’s best interests. The article suggests that theleka custom
needs to be developed to conform to the Constitution. It also examines whether or
not the custom of theleka constitutes abduction and family violence. The writer
submits that it does not constitute abduction and family violence and advocates that
theleka custom be allowed to continue. | en_US |
dc.language.iso | en | en_US |
dc.subject | Customary law | en_US |
dc.subject | Lobolo | en_US |
dc.subject | Theleka custom | en_US |
dc.subject | Custody | en_US |
dc.subject | Best interest of a child | en_US |
dc.subject | Family violence | en_US |
dc.title | The inforcement of the payment of lobolo and its impact on children's rights in South Africa | en_US |
dc.type | Article | en_US |