Child Marriages in South Africa: An Assessment of How the Custom of Ukuthwala Aligns with the Proposed Single Marriage Bill
Summary & Objectives
This study examines child marriage in South Africa through an assessment of how the customary practice of ukuthwala aligns with the proposed Single Marriage Bill. Using documentary analysis of legislation, case law, historical accounts, and media narratives, the study aims to determine whether the proposed Bill’s requirement of a minimum marriage age of 18 and free consent is sufficient to deter child marriage while respecting customary practices.
Findings
The study finds that child marriage persists in South Africa largely due to legal exceptions that allow marriage below 18 with parental or ministerial consent and the contemporary abuse of the ukuthwala custom. Historically consensual, ukuthwala has increasingly been associated with forced and underage marriages that violate constitutional and international human rights standards. Poverty, lack of education, and entrenched gender norms further sustain child marriage, particularly in rural and economically marginalised communities.
Recommendations
The study supports the adoption of the Single Marriage Bill without exceptions to the minimum marriage age of 18 and with strict enforcement mechanisms. It calls for criminal accountability for adults and marriage officers involved in child marriages, alongside broader social interventions that address poverty, expand girls’ access to education, and prevent the misuse of cultural practices. Respecting customary law must be conditional on consent, dignity, and child protection.
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