Submitted to the Faculty of Arts in fulfillment of the requirements of the Master of Arts in the Department of African Languages at the University of Zululand, South Africa, 2000. / Lolu ewaningo Iwenzelwe ukuqhakambisa iZinga lenhlonipho elitholakala esithenjini. Kuzovela ukuthi amadoda, abafazi, izinsizwa, izintombi ezisesithenjini zithi zihlonipha zibe zizihlonipha. Yilowo nalowo akafuni ukuphoxa umuzi wakwabo. Izintombi zomuzi, azifuni ukushiya imilanjwana ngoba ziyazi ukuthi yephuca onina inkomo yohlanga. Lokho kumenza Iowa onentombazane ezalele ekhaya, ezizwe ejezisekile emehlweni kaSokhaya kanye nawesigodi sonke jikelele. Yingakho amantombazane esigodi aye athi athukiwe nxa kukhona insizwa ekhulelise intombazane yesigodi, bese efuna ukugezwa ngembuzi ezobulawa engayidli nokuyidla, ngoba eyithatha njengento edala amashwa namashangusha. Kwamuzi onale ntombazane uze ugcine ugezwe ngenkomo okuthiwa ngeyombhubuzo. Ngamantombazane ehlelwe yilo mshophi agcina eganiselwe amakhehla, ayokwandisa izithembu zamakhehla, ezingatholi ngisho isikhundla sokuba indlu yokugugela ngenxa yokuthi eze ngesijeziso. Lesi sihloko sikhethwe nangenxa yokujula kwaso ekuvezeni amagama ezindlu emzini onesithembu. Kulolu khalo siqonde indlunkulu, ikhohlo, iqadi, isokanqangi kanye namabibi. La magama nje ewodwa ayalwandisa ulimi IwesiZulu. Inhlonipho kankosikazi wasendlunkulu ithe thuthu ngezinga kuneyasekhohlo. Inkosikazi yaseqadini ingena endlunkulu. Kuzocaciswa inzululwazi nezinjulamqondo eziqukethwe yisithembu. Lolu Iwazi luzokwelekelela luthandaniswe nezinsalela zesithembu ezisekhona ukuze kujeqezwe emuva kubuye kugqolozelwe phambili. Lokhu kuzogcina kuveze isithombe sokuthi izolo, inamuhla nekusasa kungenziwa kufane uma ulwazi 4 olugoliwe lufakwe emiqingweni yamabhuku. Bese kuthi zonke izizukulwane eziyolandela. ziluthole lolu Iwazi lukhweziwe Iwalondolozeka kahle. Kumele ukuba abacwaningi balwenze lube ugume kumbe ukhothe Iona olungaboli izizukulwane ngezizukulwane. Lokho kuyokwenza ukuba umuntu athele esandleni afumbele emlonyeni, ashaye esentwala qede ashaye amanhlakomuzi. Ngalokho sihlose ukuveza iqiniso lokuthi lolu cwaningo akulona olokugcina kepha wumzamo wokuthundlaza indlela eyohamba abafowethu nodadewethu abayolandela ukuze bavule 10 mendo ube umgwaqo.

Submitted in partial fulfilment of the requirements for the Degree Doctor of Philosophy in the Department of African Languages in the Faculty of Arts at the University of Zululand, South Africa, 2003. / Nowadays marriage, especially the European civil marriage is considered as holiest-of holiest, as looked against the customary or traditional marriage. It is thus why Umtsimba-the traditional bridal party-is looked down upon. Indeed those who marry the customary way are considered as barbarians who know nothing, uneducated. This is because we have taken as respectable, the civil marriage-which according to the European culture as Christian marriage, and yet even that, is the same as the customary or traditional marriage because people marry one another. What appears, and which also is irrefutable truth, is that civil marriage IS In accordance with European culture religion which has been attached to European religion. Evidence of this is that the civil marriage, begins in court and, when divorce occurs, ends in court. What makes customary marriage to be looked down upon is that all African things are despised, yet there are no laws prohibiting that which is intrinsically traditional custom of the African people. CHAPTER ONE expresses the aims of this research, which also is what caused that it and all that has been done in this chapter, be written. Even the enthusiasm that caused the writing of this research, has been adequately displayed. The methods used to obtain suffident information concerning this research have also been thoroughly explained. CHAPTER TWO deals with the weather conditions, more especially that of Mphumalanga and Swaziland areas where most Swazis are found. A short story on the origins of the Swazis has also been given. The Christian faith as well as traditional religion. CHAPTER THREE concerns the different categories (in the social structure) so that different should be known between intfombi (maiden), makoti (young Wife), umlobokati (the betrothed), malukatane (daughter-in-law) and umfati (woman / Wife). The various designations have been given in years so that it can be easier to understand the differences relative their social development. CHAPTER FOUR deals deeply into all that relates to the Swazi umtsimba as it is. Falling in love / getting married of the umlobokati (the one who has been lobolwared), kuhlambisana kwetinkhomo (the reciprocal acknowledgement relationships by the families concerned) have been adequately explained. CHAPTER FIVE clearly explains what happens after the intfombi have been married. The lobola cattle have been explained as well as why lobola has to be paid. The kushiswa kwetinyongo (the burning of the gallbladders) winds up the whole umtsimba ceremony. CHAPTER SIX sums up the whole research exercise. Recommendations concerning this research show clearly what is commendable and should be maintained in order to preserve and keep the Swazi culture intact. The whole exercise stands on this that people must get back to their own customs, if culture, and let alone customs from foreign cultures. Let the people celebrate umtsimba because this is their way of getting married. = Kulamalanga lesiphila kuwo umshado ikakhulu Iona wesilumbi utsatfwa njengal<:mgcwelengcwele kunalona wesintfu. Kungako umtsimba sewunyembenywa nje. Vele labatekana ngendlela yesintfu batsatfwa njengemacaba langati lutfo. Ingani umshado wesilumbi lolisiko labo belumbi kepha lesesiwutsatsa ngekutsi uyinkholo, uhlonishwa kakhulu kube nanawo uyefana nalowesintfu ngobe kusuke kutekwana. Lokuvelako futsi lokulidniso lelingeke nani laphikiswa kutsi umshado wesilumbi ulisiko lesilumbi leleyanyiswe nenkholo yesilumbi. Bufakazi baloko kutsi umshado wesilumbi ucala enkantolo nanome sekwehlukanwa futsi uphelela khona. Lokwenta kutsi kutsatsana ngesintfu kubukelwe phansi kutsi vele tonkhe tintfo tesintfu tibukelwa phansi kantsi ayikho nemitsetfo levikela loku lokuyinsila yebantfu SEHLUKO SEKUCALA sibeka ebaleni inhloso yalolucwaningo. Lekungiko lekwenta kutsi kubhalwe lolucwaningo nako kuvetiwe kulesehluko. Inshisekelo lenta kutsi kubhalwe lolucwaningo nave ibhaliwe ngalokwanele. Tindlela lekusetjentiswe tona kute kutsi kutfolakale Iwati lolwanele ngalolucwaningo nato tibhaliwe ngalokuphelele. SEHLUKO SESIBIU sibuke simo selitulu ikakhulukati, sendzawo yaseMphumalanga naseSwatini lapho kutfolakala khona emaSwati lamanyenti. Umlandvo lomfisha ngemvelaphi yemaswati nawo uchaziwe. EmaSwati bantfu lebalandzela inkholo yebuKhristu nenkholo yesintfu. SEHLUKO SESITSATFU sicondzene netigaba tebantfu ngekwehlukana kwabo. Tigaba tehlukanisiwe kuze bawati umehluko lokhona emkhatsini wentfombi namakoti, umlobokati, malukatane kanye nemfati. Tigaba talabadvuna nato tichaziwe ngekwehlukana kwato. Tigaba tebantfwana tehlukanisiwe ngeminyaka khona kutewubalula kucondzisisa kahle umehluko. SEHLUKO SESINE sijule kakhulu emtsimbeni unjalo. Kugana kwemlobokati, kuhlabisana ngalokuphelele. wonkhe wesiSwati njengobe kwetinkhomo kuchaziwe SEHLUKO SESIHLANU seneka ebaleni lekwentekako nangabe intfombi seyitekiwe. Tinkhomo temalobolo tichaziwe kanye nekutsi kulotjolelwani. Kushiswa kwetinyongo kusonga wonkhe umtsimba kutsi sewuphelele. SEHLUKO SESITFUPHA sisonga wonkhe umsebenti welucwaningo sewuphelele. Tincomo ngalolucwaningo tikuveta ebaleni lekutusekako lekumele kutsi kulandzelwe kute kutsi emasiko esiSwati ahlale agcinekile. Lomsebenti wonkhe ume ekutseni bantfu ababuyele emasikweni abo bayekele emasiko ebantfu bekuchamuka. Bantfu ababuyele bagidze umtsimba wesintfu ngobe ngiyona ndlela yabo yekuteka umfati.

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

<p>On the assumption that the Bill of Rights in the Malawi Constitution has brought change in the enjoyment of rights by women married under customary family laws, this research study examines its impact on African customary family laws that are discriminatory against women in Malawi. The main focus is on customary family laws governing marriage, divorce, children after divorce, and inheritance in both patrilineal and matrilineal systems of marriages. The extent to which this has been reflected in practice is assessed in the light of women&rsquo / s rights law reforms and courts&rsquo / adjudication of customary family law issues.</p>

Doctor Legum - LLD / South Africa

L'essai d'universalisation du principe d'égalité consiste à l'appréhender non dans un sens statique, mais plutôt, dans une logique dynamique. C'est l'ouverture du principe à une pluralité d'interprétations prenant en compte les besoins et aspirations de chaque société. Si cette démarche contribue ainsi à enrichir le concept, elle ne saurait justifier que ce principe soit complètement vidé de son contenu. C'est le véritable enjeu de cette analyse qui, sans doute imparfaitement, a tenté de trouver les voies et moyens permettant à la fois d'affirmer l'universalisation du principe d'égalité et la prise en compte des spécificités locales. L'égalité entre époux, parce qu'elle touche à l'idée qu'on se fait de la famille, rend la tâche plus ardue. Car la famille a une forte imprégnation dans les mœurs et les discussions y relatives sont rarement dénuées de passions et d'idéologies. A cela, il a fallu ajouter, de façon non moins négligeable, les considérations politiques, économiques, socioculturelles qui construisent un univers symbolique, et partant, déteignent sur l'interprétation in concreto du principe d'égalité entre époux. Une certitude doit être retenue : seuls des apports divers et variés pourraient donner tout son sens à l'universalité du principe d'égalité, qui à bien y voir, est une riche et belle conquête. Si des difficultés d'application du principe demeurent dans le contexte où il a vu le jour, celles-ci sont encore plus grandes lorsqu'est envisagée sa transposition dans d'autres ères géographiques. D'où la nécessaire prudence et l'exigence d'une certaine subtilité. Le charme du principe d'égalité résiderait peut-être dans le fait qu'il est en perpétuel mouvement. / The attempt to universalize the principle of equality consists of analysing it none as static, but as a dynamic concept. It is its openness to a variety of interpretations taking into consideration the needs and aspirations of each society. If that approach contributes to enrich the concept, it wouldn't lead to empty its content. That is the main challenge of this study, which, probably imperfectly has tried to find means and ways, allowing both the affirmation of the universality of the principle of equality and taking into consideration local particularities. Equality between spouses, because it is grounded in the thinking behind the idea of family, makes the task difficult. Indeed, family has a profound anchorage in the mainstream thinking, and discussions around it are rarely conducted without passions and ideologies. To that, one should add that economic, political and sociocultural considerations which build up a symbolic world, and so affecting the interpretation in concreto of the principle of equality between spouses. One thing for should be kept in mind: only diverse and varied contributions could give all its meaning to the universality of the principle of equality, which to some extent, is a rich and beautiful conquest. Even if implementation difficulties of the principle remain to deal with, there are more important when its transposition is envisaged in other geographical areas. Thus, there is a necessity of prudence and the requirement of some subtility. The charm of the principle of equality could reside perhaps in the fact that it is in a constant evolution.

The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law. / Public, Constitutional, & International Law / LLD (International and Constitutional Law)

The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law. / Public, Constitutional, and International Law / LLD (International and Constitutional Law)

This study aimed to explore how gender is constructed, negotiated and enacted in the customary practice of lobolo. Lobolo, sometimes incorrectly referred to as bridewealth or dowry is a practice that centres around the transference of wealth from the groom or a groom’s family to the bride’s family towards the formalisation of marriage. Framed within an African-centred feminist approach I analyse, through narrative discursive analysis, how 27 men and women ages 27 -71, from Johannesburg and Cape Town account for gender and power dynamics in their narratives of participating in lobolo. The African-centred feminist approach I employ critically engages with historical as well as present-day reproductions of patriarchy, capitalism, heteronormativity and other mechanisms of exclusion that are perpetuated through the cultural practice of lobolo. I show how masculinities and femininities are constituted, negotiated and disputed in the narratives of men and women who have participated in lobolo. By employing an African-centered feminist approach I show how gendered dynamics within the practice are shaped by historical and contemporary social, political and economic factors which enable and constrain the exercise of power in various ways. By exploring lobolo through an African-centered feminist narrative approach I demonstrate how the process is more than simply a transference of wealth but rather a complex practice that is used as an apparatus to exercise and expand power in the different stages of the lobolo process. Within this African-centered feminist approach, I argue that lobolo functions to legitimise particular gender positions that can be adopted through marriage; but it can also be used to challenge and contest these roles. The findings of this study suggested that the different stages and process of lobolo reflect a gendered script, which determines the position that men and women are able to adopt, and that this script sets the parameters for the ways in which these roles may be enacted. I find also that the meanings and descriptions of lobolo are embedded within, and reproduce gendered identities but that these identities are not fixed but rather are constantly renegotiated. I conclude that lobolo is not only a custom for formalising marriages but also a tool used by men and women to perform a range of sometimes contradictory functions, including at times establishing and strengthening hegemonic masculinities and femininities but at other times challenging and dismantling these. / Psychology / Ph. D. (Psychology)