Chairperson, hon Ministers, hon members and comrades, I will be speaking about cultural practices and quasi-customs that directly affect the lives of women and children specifically.
Any discussion of custom must start off by pointing out the difficulties and limitations inherent in the idea of custom itself. The main source of information about indigenous custom before colonisation is our oral tradition. This means that systems of oral custom have the ability to allow forgotten rules to sink into oblivion, while simultaneously accepting new rules to take their place. In addition to its link with both contemporary and ancient practice, the rules of custom can sometimes overlap and contradict one another without detracting from their legitimacy as customary tradition.
The practice of ukuthwala, or child abduction and forced marriage, originates from Xhosa customs of arranged marriage. The intending bridegroom, together with one or two friends, would waylay the intended bride in the neighbourhood of her own home and forcibly take her to the young man's home. Sometimes the girl would be caught unawares but, in many instances, she would be caught according to a plan and an agreement between her parents and the groom's parents.
On the day of ukuthwala, those who had effected the ukuthwala were required to report to the girl's home that her parents need not be worried as the girl was safe with them. The girl would immediately have been placed in the midst and care of the womenfolk and would have been treated with the utmost kindness and respect. This was one of the treatments meant to induce her to choose to go ahead with the marriage and be part of the caring family that performed ukuthwala on her. A friendly relationship would be established between the two families and the status of the girl would immediately be elevated to that of young wife. When ukuthwala took place and there was no offer of marriage, custom dictated that a fine of one beast would be imposed, the girl would be returned home to her parents and there would be no marriage.
The practice was used for a number of purposes. These included forcing the father of the girl to give consent; hastening matters if the woman was pregnant; persuading the woman of the seriousness of the intent to marry her; or avoiding payment of lobola.
Sadly, this is not how the custom is currently being practised. It has degenerated into a practice where men sometimes force young girls and their families into marriage negotiations by making them participate in sexual acts, mostly against their will. This is a corrupted version and a distortion of an age-old tradition and custom which does not reflect the actual practices of traditional communities. This practice increases the risk of HIV infection, particularly where the perception persists that sleeping with a virgin is a cure for HIV.
Ukuthwala has come under scrutiny for endangering the lives of many young females by forcing them to engage in sexual acts with men who in many cases are up to 20 years their senior. The large age difference, more extensive sexual history of the men and coercive circumstances make the negotiation of safer-sex options for the girls very difficult. Ukuthwala has also come under scrutiny from the SA Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities as being a cover-up for the abduction and rape of young women.
In a meeting of the Minister of Social Development and the House of Traditional Leaders with traditional leaders in the Eastern Cape, it was stressed that this practice never involved - and should not involve - children. The current practice, when it involves girls between 12 and 15 years old, directly and indirectly impacts on their development, education, life skills and risk of exposure to early pregnancy and HIV and Aids.
The Department of Social Development has strategies for early intervention against this form of gender-based violence: Children who are identified as being vulnerable or at risk of harm are removed into alternative care. These prevention and early-intervention programmes attempt to focus on retaining the family unit, developing appropriate parenting skills, providing psychological and therapeutic services for the children as well as preventing future neglect, exploitation and abuse.
However, challenges include the fact that many arrangements that are being made with parental consent are not reported. Fortunately an integrated awareness campaign has been conducted by the Department of Social Development and the police on the legislation protecting women and children, emphasising that failure to adhere to the law will result in prosecution.
This matter relates to the rights of children as set out in the Constitution, as well as the Domestic Violence Act, Act 116 of 1998; the Criminal Law Amendment Act, Act 32 of 2007; the Criminal Law Amendment Act, Act 105 of 1997; the South African Schools Act, Act 84 of 1996; and the Recognition of Customary Marriages Act, Act 120 of 1998. The Children's Act specifies that a child has the right not to be subjected to social, cultural and religious practices that are detrimental to his or her wellbeing. A child below the minimum age of marriage may not be married or engaged, nor may a child above the minimum age be married or engaged without his or her consent. Chapter 7 of this Act focuses on the protection of children and would regard ukuthwala as exploitation, while Chapter 17 focuses on child abduction, giving effect to the Hague Convention on International Child Abduction.
The rights of children as set out in the Constitution, the United Nations Convention and the African Charter must be upheld at all times. Child protection must be child-centred, with decisions and actions being taken in the child's best interests. All services must be aligned with the principles of Batho Pele and ubuntu.
Another abominable practice against women that is labelled as custom or tradition but cannot be condoned is that of the burning of so-called witches. This phenomenon, which has become a national scourge, according to the Commission for Gender Equality, has its centre in the poverty-stricken Limpopo province. Witch-hunting is closely tied not only to prevailing superstitions but also to socioeconomic pressures, natural disasters and personal jealousies. Hunger, poverty and unemployment can create jealousies that can quickly turn to anger and vengeance which, in turn, lead to ritual killings related to witchcraft. Such ritual murders often bring retribution against innocents accused of witchcraft. Especially vulnerable are defenceless elderly women, against whom such action is taken without resistance.
This brings me to another abhorrent practice that does not deserve the title of tradition or custom, and that is killing, especially children, for muti purposes. The word "muti" derives from the Zulu word for medicine and involves the use of human body parts and vital organs to produce medicine. It has its origin in a deep-rooted cultural belief that body parts make the medicine more effective and able to solve any problem, from poverty to health issues, and increase the luck and health of the person who consumes it.
Most muti victims are innocent children who are lured, murdered and dismembered. Children are primary targets because they are weaker and defenceless against attacks. Young children are also targeted because it is believed that, due to their young age, they have used up very little of their good luck and health.
Numbers are difficult to collect because the investigation of muti murders is complex and difficult to undertake. They are shrouded in a code of silence because people are fearful of speaking out, which allows the practice to continue with little or no consequences for the perpetrators. Many witnesses do not come forward as they are afraid that the muti murderers will seek revenge upon them.
Something must be done to improve conditions. People must be provided with alternatives to muti medicine because many muti murders are the result of a lack of access to professional medicines and health care. Citizens must be informed of the criminal aspects of muti medicine and of its ineffectiveness. With an informed public, action can be taken to prevent further muti killings and to provide alternative forms of health care. Innocent lives are being lost because of the belief that being anointed with another person's organs and body parts will provide power, health and luck. United and educated communities can help put an end to muti murders and killings.
In conclusion, South Africa is party to the Convention on the Elimination of All Forms of Discrimination against Women, which requires states to eliminate gender discrimination. The Protocol to the African Charter on the Rights of Women in Africa enjoins states and parties to modify the social and cultural patterns of conduct of women and men with a view to achieving the elimination of harmful cultural and traditional practices. The protocol contains several references to the obligation to eradicate violence against women. The South African Bill of Rights protects women's rights to gender equality and to bodily and psychological integrity. South Africa therefore has both international and constitutional obligations to eradicate violence against women and to create effective legal mechanisms to protect women against violence. Wherever reference is made to women, one can obviously add the word "children" because they are as vulnerable, if not more so, than women. [Applause.]