Sihlalo, Sekela likaMongameli, oNgqogqoshe, omama bonke abahleli laphaya esitezi kanye nezingane, siyishayela ihlombe inkulumo kaNgqongqoshe osivulele le nkundla ngesizotha, nangomfutho kanye nomdlandla onenkosi phakathi. [Chairperson, Deputy President, Ministers, and all the mothers and children seated in the gallery, we applaud the speech of the Minister, who opened the floor with dignity and vigour, and with God's Spirit.]
I want to assure this House that I condemn "ukuthwala" [a form of African marriage arrangement in which all formalities take place after the unsuspecting bride has been taken away by her in-laws] and I am going to talk about ukuthwala as a criminal phenomenon. When I talk about ukuthwala, I can assure this House that I have never "thwala-ed" any women! [Applause.]
Having said that, in this the 2009 Women's Month I want to reiterate that, indeed, without mothers this world would not be what it is today. [Applause.] I say this from personal experience because my father left this world when I was five years of age and my mother, who was a domestic servant, managed to bring me up and make me what I am today. [Applause.]
I want to use the 10 minutes given to me to condemn the practice of "ukuthwala", which lowers the dignity and integrity of women. One of the ways to empower women therefore, in my view, is to fight vigorously against this "groot gogga" [big bogey] called "ukuthwala". Sir, "ukuthwala" can be freely translated as "to carry". You usually carry something that is not living, so obviously when you carry a living person that is an insult.
The procedure of "ukuthwala" is as follows. The intended bridegroom, with one or more friends, will waylay the intended and targeted damsel in the neighbourhood of her own kraal or home, usually late in the day, towards sunset or at early dusk, and forcibly take her to the young man's home. Sometimes the girl is caught unawares, but in other instances she may be caught according to plan - orchestrated. In either case she will, of course, put up resistance to convince onlookers that it is all against her and her family's will.
Clearly "ukuthwala" is one of the methods of concluding a marriage forcibly, and it also therefore constitutes a crime by way of abduction or statutory rape, according to the law of the land.
The important fact is that in rural areas "ukuthwala" is not viewed by rural villagers as a forced marriage; it is viewed as one of the methods of getting married. We will therefore have a big fight to remove that kind of mentality.
I want to refer to one of the researchers who said:
Given their strong commitment to spousal consent, the colonial authorities (over the years) were bound to take up the cause of unwilling brides. Hence, in the (erstwhile) Transkeian Territories, forced marriages were prohibited and the guardians responsible for them were subject to criminal penalties. Also, in (the erstwhile) Natal (which is now KwaZulu-Natal), the 'official witness' had to attend a customary wedding, where he was obliged to ask the wife whether she was marrying of her own free will. I think this is important. Of late, the necessity for the consent of the bride has been put beyond any doubt by the Recognition of Customary Marriages Act, Act 120 of 1998. According to this Act, the consent of both prospective spouses of a customary marriage is necessary for the validity of the marriage.
There is no doubt that the genuine formation of a marriage is the essence of "ukuthwala" in the minds of the village dwellers. In some instances, for example, the suitor - the boy - is not even present when "ukuthwala" takes place. Usually, in these cases, he will send either his brothers or his cousins to "thwala" the lady on his behalf.
This happened in Mkokobane v Mngqumazi (1947 NAC (C&O) 41), a case from Bizana in the erstwhile Transkei. The bridegroom in this case went to work in Natal and left instructions with his brother to negotiate a marriage between him and the defendant's sister, Nomaqgiza. One Nyobela then went alone and "thwalaed" Nomagqiza and left her at the home of the brother. The brother paid lobola on his behalf which he was working and then Nomagqiza remained there despite the absence of her husband, patiently awaiting his return from working. So in her mind she was already a wife.
In a second interesting case, Dyongo v Nani, 1911, a case from Idutywa, also in the Eastern Cape, the girl's brother himself suggested that the girl be "thwala-ed" as a preliminary to the marriage proposed by the suitor.
Finally, in another interesting case, Zamana v Bilitane 2 (NAC 114 (1911)), a case from Port St Johns, the parents encouraged "ukuthwala" as a preliminary to her marriage. I am sure the parents today would say this was horrible, and I also say it is horrible.
Another interesting custom related to "ukuthwala" is "ukubaleka". When I grew up in northern KwaZulu-Natal, my grandfather used to tell me stories in which a girl would "baleka". Sir, "ukubaleka" means the girl runs away to a certain home because that particular man has a lot of cattle. Then the man will say, "Funelani nganeno" [When you look for her, do not miss my house] the father will go there, find the girl there, lobola will be paid, and then he gets rich. This is not actually "ukuthwala", but it is in a sense related.
To summarise my small contribution to Women's Month, I want to say that if we look at "ukuthwala" today, we will see that it implies that women are minors and that they are property. I want to add that the ANC says women are no longer minors, they are no longer perpetual minors, and they will never be perpetual minors again. I thank you. [Applause.]