38 child”).13 The amici and parties also very helpfully referred the court to a number of academic articles in law journals and newspaper reports about the practice of ukuthwala, narratives of instances of abuse of young children and opinions on the constitutionality of the practice of ukuthwala. [71] In the affidavit filed on behalf of the National House of Traditional Leaders (NHTL), Inkosi Sipho Etwell Mahlangu, a senior traditional leader of the Ndzundza Mabusa Traditional Community and leader of the delegation from Mpumalanga to the National House of Traditional Leaders, stated that as a result of the confusion surrounding the practice of ukuthwala, the NHTL proactively, and together with customary law experts from various communities in South Africa, produced a White Paper on the practice. The White Paper has been submitted to Parliament for consideration.14 We are 13 14      Annexure RTN2 to the affidavit of Nhlapo, pp 28-89. A Discussion paper, Project 138 titled “The Practice of Ukuthwala” was issued in May 2014 with the closing date for public comment as 31 st October 2014. The deponent referred to the following as the outline of the proposed policy on ukuthwala ; “58. The following is an outline of the proposed policy on ukuthwala: (58.1) The need for the policy has arisen due to the abuse of the culture by some in the Eastern Cape, where the appellant originates. The more prevalent cases are of old men abducting young girls and raping them, well below the age of marriage in terms of the Act. (58.2) A most unfortunate phenomenon is where the parents of the girl enter into an agreement with the old men, for financial gain. A most telling characteristic of this form of abduction is for the girl to be raped as soon as she arrives. An occurrence that is not permitted in ‘ukuthwala’”. The objectives of the policy are stated as : To regulate ukuthwala custom to make sure that it is consistent with the Constitution in particular the Bill of Rights and sections 7(2), (9 (3) and (4), 28 and 31 of the Constitution and sections 8 and 25(1)(c) and Chapter 5 of the Promotion of Equality and the Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) and Article 13 of the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW); To criminalize actions related to the abductions and kidnapping of women and girl children in the name of ukuthwala and any actions which are inconsistent with the Constitution and applicable indigenous African law; To promote popular education on ukuthwala, its guiding principles and safeguards; and To influence amendments to the Recognition of Customary Marriages Act, (Act No. 120 of 1998). To develop a legislation on Harmful cultural practices.”