Lea Mwambene

Realisation or oversight of a constitutional mandate? Corrective rape of black African lesbians in South Africa

Corrective rape is a form of sexual punishment by men towards lesbians in order to cure them of their sexual orientation. Black African lesbians are victims of corrective rape, particularly those in townships who are seen to challenge patriarchal gender norms. Therefore, discrimination on the basis of gender, race, sex and sexual orientation is called into play. The impact of discrimination is rendered more serious and their vulnerability increased by the fact that the victims are also seen as a threat to patriarchy and hetero-normativity which demarcate womens bodies as male property. The article focuses on how South Africa balances its constitutional mandate in relation to black African lesbians affected by corrective rape. The article argues that it is necessary to define corrective rape as a hate crime and not merely a crime of rape for victims of corrective rape to be adequately protected.

The thin edge of the wedge: ukuthwala, alienation and consent

Abstract Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the practice of ukuthwala. However, the case of Jezile v S brings theory into reality, putting in stark relief the issues that surround this custom in a constitutional democracy. The Jezile case highlights the disjuncture between communities’ lived realities and the constitutional imperatives of the right to practice one’s culture, as well as the rights to equality and dignity, specifically for women and the girl child in the context of ukuthwala. Based on field research conducted in September 2015 and April 2016 in Engcobo (where the ukuthwala was alleged to take place in Jezile), this article sets out the community’s views in the aftermath of the case. Highlighting the alienation of the community from the law, and the complexities in understanding consent, the article posits that much more needs to be done from the ‘bottom up’ to ensure gender equality and protection of the girl child from harm.