40 ceremonies,” which vary amongst different traditional communities, occur, and which formalises the relationship. He explained that there are instances where circumstances do not readily permit for the regular method of pursuing a customary marriage. In such circumstances customary law allows for a number of “irregular means” for circumventing obstacles with a view to commencing marriage negotiations. Ukuthwala is one such means, of which both the traditional and essential features are: 72.1 the woman must be of marriageable age, which in customary law is usually considered to be child-bearing age; 72.2 consent of both parties is necessary to perform ukuthwala. He notes though that there are instances where a woman would be taken unaware and acquiescence in the process only occurs after the fact. If however the woman does not agree the process fails and her father could institute a civil action against the man’s guardian; 72.3 as part of the process, the parties would arrange a mock abduction of the woman at dusk. The woman would put up a show of resistance for the sake of modesty but in fact would have agreed beforehand to the arrangement; 72.4 the woman would then be smuggled into the man’s homestead and