TY - JOUR AU - Ngema, Nqobizwe Mvelo PY - 2017/04/26 Y2 - 2024/03/28 TI - The Enforcement of the Payment of Lobolo and its Impact On Children’s Rights in South Africa JF - Potchefstroom Electronic Law Journal JA - PER VL - 16 IS - 1 SE - Notes DO - 10.17159/1727-3781/2013/v16i1a2316 UR - https://perjournal.co.za/article/view/2316 SP - 404-425 AB - <p>Various communities in South Africa practise the custom of <em>lobolo </em>(payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary marriage). These communities may be divided into two groups, those practicing <em>theleka</em> (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding <em>lobolo</em>) and those that do not. In the communities practising <em>theleka</em> the amount of<em> lobolo</em> is not fixed and the father or guardian of the wife may from time to time <em>theleka</em> the wife and demand one to three head of cattle from his son-in-law. The wife and her children, if there are any, may be held by their maternal grandfather until the payment of <em>lobolo </em>has been met<em>.</em> The main issue this article examines is whether the custom of <em>theleka</em> impacts on the custody of children or not. It also examines the concept of the best interests of the child and finds that <em>theleka</em> custom in its current form does impact on the custody of the child and conflicts with the child’s best interests. The article suggests that <em>theleka</em> custom needs to be developed to conform to the <em>Constitution</em>. It also examines whether or not the custom of <em>theleka</em> constitutes abduction and family violence. The writer submits that it does not constitute abduction and family violence and advocates that <em>theleka</em> custom be allowed to continue.</p><p><img src="/public/site/images/tshiamo/Google_Scholar_logo_73.png" alt="" />     <a href="https://www.scienceopen.com/document?vid=f546617e-973d-4b40-a1ee-f0cc80f0926d" target="_blank"><img src="/public/site/images/tshiamo/ScienceOpen_Logo32.png" alt="" /></a></p> ER -