Browsing Faculty of Law by Author "Mwambene, Lea"
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Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
Mwambene, Lea; Sloth-Nielsen, Julia (Centre for Family Law and Practice, London Metropolitan University, 2011)In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his ... -
Children's rights standards and child marriage in Malawi
Mwambene, Lea; Mwaodza, Obdiah (University of Florida, Centre for African Studies, 2017)Child marriages occur when one of the parties is below the age of eighteen. In Malawi, research has shown that most child marriages are a result of cultural practices. To comply with various international and regional ... -
Engendering access to justice for development in SubSaharan Africa: a study of policy, programming and implementation
Mwambene, Lea; Dubin, Adam; Lawson, David (University of the Western Cape, 2021)Building on the book "Gender, poverty and access to justice: policy implementation in Sub-Saharan Africa" (Lawson, Dubin and Mwambene (eds) (2020), this special volume of essays is the result of the Conference in Cape Town ... -
The essence vindicated? Courts and customary marriages in South Africa
Mwambene, Lea (Pretoria University Law Press, 2017)This article describes different approaches in which courts have determined the validity of customary marriages under the Recognition of Customary Marriages Act in order to address the historical injustices of vulnerable ... -
Form over function? the practical application of the recognition of Customary Marriages Act 1998 in South Africa
Mwambene, Lea; Kruuse, Helen (Juta Law, 2013)The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article ... -
Gender, poverty and access to justice policy implementation in Sub-Saharan Africa
Lawson, David; Mwambene, Lea; Dubin, Adam (Rotledge, 2021) -
Marriage under African customary law in the face of the Bill of Rights and international human rights standards in Malawi
Mwambene, Lea (Pretoria University Law Press (PULP), 2010)Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from ... -
Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa
Mwambene, Lea; Wheal, Maudri (Pretoria University Law Press (PULP), 2015)Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen ... -
The thin edge of the wedge: ukuthwala, alienation and consent
Mwambene, Lea; Kruuse, Helen (Taylor & Francis, 2017)Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ... -
What is the future of polygyny (polygamy) in Africa?
Mwambene, Lea (Academy of Science of South Africa, 2017)The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the ...