Cape Town: David Forbes murder case

OrbitalDawn said:
Where in the constitution does it recognise cultural marriages?
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Somewhere. In fact, my memory may be incorrect on this but IIRC, the CC made that inference and by extension, the constitution. Or is it the history that your linked article is referencing.
 
GreGorGy said:
Somewhere. In fact, my memory may be incorrect on this but IIRC, the CC made that inference and by extension, the constitution. Or is it the history that your linked article is referencing.
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Seems a bit confusing, tbh. Perhaps it falls under African customary law?

Recognition of Customary Marriages Act, 1998

The Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998) is a South African statute in terms of which marriages performed under African customary law, including polygynous marriages, are recognized as legal marriages. It also reformed the law relating to the legal status of women in customary marriages, the financial consequences of a customary marriage and the dissolution of customary marriages, replacing the customary law with statutory provisions.
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All customary marriages which were valid under customary law when the act came into force, whether monogamous or polygamous, are recognized as marriages for all legal purposes. Marriages contracted after the act came into force are only recognized if they comply with the requirements imposed by the act. These requirements are that the spouses are 18 or older, that they both consent to the marriage, and that neither of them are already married under the Marriage Act or the Civil Union Act.[/quote]

But then:

http://en.wikipedia.org/wiki/Marriage_in_South_Africa

The spouses must be over 18 to form a valid marriage, except that a girl over 15 may marry under the Marriage Act with the consent of her parents. A person may not marry his or her direct ancestor or descendant, sibling, uncle or aunt, niece or nephew, or the ancestor or descendant of an ex-spouse.
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VernD said:
So, if a girl is 15 and a day old, that would qualify as older than 15 right? So she would be within rights to marry and her parents would be within their legal rights to consent for her to marry. All in all, it would be a legal [-]marriage[/-]rape then.
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:sick:
 
Jeez, this thing is off topic but 15???? I don't think so - the state has failed its responsibility to minors if that is their idea of protecting them. Cultures be damned.
 
The headlines in the voice always crack me up. It's a pity that tacky papers like Daily Voice and die Son are the only papers "reporting" on the ongoing gang violence on the Cape flats.
 
GreGorGy said:
Jeez, this thing is off topic but 15???? I don't think so - the state has failed its responsibility to minors if that is their idea of protecting them. Cultures be damned.
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OFF TOPIC
I think that the culture thing is being taken out of proportion here. My understanding of the law is that 16 is the age of consent here, and, if executed properly, the marriage may only be consummated at age of consent - the girl usually stays with her parents until she is consensual age and the husband may only visit if they have a chaperon. So the whole rape thing is being taken out of proportion here because both parties to the marriage have agreed to it in the first place - this isn't India where 14-year old girls is given to 40-year old men.

However, in reality, it is rarely executed like this but, any sex that does take place, is consensual. It might qualify as statutory rape though but who's going to report it if the participants were willing and the parents consented to it?
 
StrontiumDog said:
Reks bek?
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Opens "big" mouth! ie "talks" could be one saying.

Rek is "stretch" bek is "Mouth" but rather of animal like dog'

"Shut your mouth" like in shutup = Hou jou bek! (keep your mouth ...shut)
 
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VernD said:
OFF TOPIC
I think that the culture thing is being taken out of proportion here. My understanding of the law is that 16 is the age of consent here, and, if executed properly, the marriage may only be consummated at age of consent - the girl usually stays with her parents until she is consensual age and the husband may only visit if they have a chaperon. So the whole rape thing is being taken out of proportion here because both parties to the marriage have agreed to it in the first place - this isn't India where 14-year old girls is given to 40-year old men.

However, in reality, it is rarely executed like this but, any sex that does take place, is consensual. It might qualify as statutory rape though but who's going to report it if the participants were willing and the parents consented to it?
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Where in Cape Town does this happen?
 
member2204 said:
Where in Cape Town does this happen?
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It happened a few times in the community that I grew up in.

A few real-life examples:

My mother's neighbour's granddaughter got married at 15 - both parties were Muslim.
My cousin's daughter, also 15, got married to a Muslim boy of 18 after he got her pregnant.
Acquaintance's daughter of 15 got married to her boyfriend; no pregnancy, nothing; she just wanted to get married to the guy.
 
grantza said:
?
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VernD said:
Sorry, let me clarify; Muslims, and I don't mean it in a derogatory sense.

OFF TOPIC: They may get married as young as 15 if both parties' parents consent to it. This is dine to prevent sexual relations outside of marriage - which would be considered haraam.

The downside to this though, is that some of these couples get divorced by the time that they're 18 - the age of legal majority, where they can then decide to get out of the marriage. This is a reality that I have seen.

ON TOPIC: In the case of Toufeeq, it seems that he just left his wife, which is another thing that they sometimes do.
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Ok, maybe this part. I'm interested to know if this happens in Cape Town, and if so, where?
 
VernD said:
It happened a few times in the community that I grew up in.

A few real-life examples:

My mother's neighbour's granddaughter got married at 15 - both parties were Muslim.
My cousin's daughter, also 15, got married to a Muslim boy of 18 after he got her pregnant.
Acquaintance's daughter of 15 got married to her boyfriend; no pregnancy, nothing; she just wanted to get married to the guy.
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As far as I know, most of the times they get married is because the girls get pregnant. It's not normal or customary that the get married because they want to 'legally' have sex (religion-wise). Not many parents would be stupid enough to agree to that.

edit: I'm talking specifically about Cape Town.
 
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You guys can get the myindependent app and get all the independent newspapers (of which the Daily Voice is one) on a free trial...
 
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