42 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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