5
[8]
The complainant was instructed by her uncle to take off her school uniform
and to put on different clothes. Her resistance to this instruction was ignored.
Her uncle thereafter took her one hand and another man the other. She was
removed from her home and taken to the house at which the appellant had
noticed her a day or so earlier. On the way to this house she was introduced
to the appellant for the first time and informed that he was to be her husband.
[9]
Having arrived at the appellant’s house in his home village, the complainant
was immediately dressed in amadaki (specially designed attire for the new
bride, or makoti, which was referred to in the trial as “the makoti attire or
clothing”). She was instructed to partake in various traditional ceremonies as
well as attending to certain household duties for the appellant, which, after
resisting, she apparently did. It was during one of these ceremonies that the
complainant allegedly became the appellant’s customary law wife. At a stage
lobola of R8 000 was paid by the appellant to the complainant’s maternal
grandmother, who subsequently gave it to the complainant’s mother.
[10]
The complainant was unhappy and ill at ease (the reasons and extent of this
were in issue during the trial) and left her new marital home a few days into
the marriage, hiding first in a nearby forest and then, on her mother’s
instruction, at another house. She was found and promptly returned to the
appellant by her own male family members two to three days later. Shortly
thereafter the appellant informed the complainant that he would be returning to