44 [77] In the supporting affidavits filed on their behalf the fourth, fifth and sixth amici, while acknowledging the traditional concept of ukuthwala described by both Nhlapo and Inkosi Mahlangu, voiced the opinion that the appellant’s conduct was not only an aberrant form of ukuthwala, but also indicative of a widespread practice in the many communities in which they worked. In their accounts of the practice, young girls are often forced into unions with their abductors, in many instances, with the complicity of their families, who are paid the “lobola” upfront. Girl children are often abducted, raped and beaten in an effort to force them into submission as young brides. [78] These amici very appropriately described this practice as a most severe and impermissible violation of women and children’s most basic rights to dignity, equality, life, freedom, security of person and freedom from slavery. They noted though that while they and many other organisations condemned such conduct, the practice of the aberrant form of ukuthwala relies on a degree of participation and acceptance in parts of very many communities. They described the practice as no more than sexual slavery under the guise of a customary practice. They also shared the view expressed by Nhlapo and Inkosi Mahlangu that, to a large extent, the practice arose and remains prevalent because of widespread poverty, especially in rural areas. [79] In their submissions, the fourth, fifth, sixth and seventh amici also expressed the view that both “forms” of ukuthwala, the traditional and aberrant, feed on

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