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commence. Nhlapo points out that the process of ukuthwala is not a marriage
in itself, but, properly understood, is the method instigated by willing lovers to
initiate marriage negotiations by their respective families. He explained that
there are several circumstances under which ukuthwala could be resorted to
by a couple that wished to marry, the foremost being:
73.1
When a woman objected to an arranged marriage and would rather
marry a lover of her choice;
73.2
When the woman’s family objected to her marrying the man of her
choice;
73.3
Where the man was unable to afford and secure marriage through the
payment of lobola in full; and
73.4
Where time was off the essence and it was necessary to conclude
marriage especially in instances where the woman was pregnant.
[74]
Nhlapo was of the view that ukuthwala has to be seen as a self-directed form
of betrothal by a man and woman to each other, subject to parental approval,
and is a collusive strategy of the couple to counter the influence of extreme
parental authority and to give effect to the will of young lovers. The first
amicus, NHTL, described this traditional form of ukuthwala as “innocuous,
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