Lea Mwambene

Lea Mwambene
University of the Western Cape | uwc

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15
Publications
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Introduction
Skills and Expertise

Publications

Publications (15)
Chapter
Malawi is a signatory to various international and regional instruments advocating for women’s rights. However, the patriarchal nature of customary marriage laws, as well as the poverty most rural women live in, works against the realisation of such rights. In order to address these challenges, the Malawi government has, among other strategies, ref...
Article
Child marriage occurs when one of the parties is below the age of 18 years. In Zimbabwe, South Africa and Malawi research has shown that most child marriages are linked to harmful practices that are embedded in culture. Law reform to end child marriage, therefore, is a difficult task since it presents a potential conflict between children's rights...
Article
The traditional practice of polygyny, whereby only a man is allowed to marry more than one wife in a customary marriage, has long been perceived to be an offender of women's rights. Recent family law reforms on the African continent show that the focus has been on promoting and protecting the rights of women as defined in international human rights...
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Child marriages occur when one of the parties is below the age of eighteen. In Malawi, research has shown that most child marriages are a result of cultural practices. To comply with various international and regional instruments, Malawi has enacted different pieces of legislation that can be useful in addressing child marriage. The article, theref...
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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 surroun...
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This article describes different approaches in which courts have determined the validity of customary marriages under the Recognition of Customary Marriages Act in order to address the historical injustices of vulnerable parties in a customary marriage. These approaches are drawn from selected cases decided after the Act came into effect and consis...
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The Recognition of Customary Marriages Act 1998 (the Act) regulates all matters in relation to customary marriages in South Africa. The Act was specifically enacted to recognize customary marriages as valid, but was also passed to address gender inequality by regulating various customary marriage aspects, the most important being registration and p...
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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 cal...
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In South Africa and in other parts of the world, many professions are bemoaning the poor ability of many graduates to communicate their skills and knowledge effectively once they enter the workplace. Increasingly, pressure is placed on higher education to do more in terms of equipping future professionals with the necessary critical reading, resear...
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The Recognition of Customary Marriages Act 120 of 1998 is a major legislative measure for the development of customary marriages in line with the constitutional principle of equality, specifically for women. The article explores the interactions between this ideal in the Act with empirical observations and the latest judicial decisions concerning i...
Article
In Malawi, there are two predominant African customary family law systems: matrilineal and patrilineal. Under the matrilineal system, children born in marriage are affiliated to the clan of the wife. In the patrilineal system, provided lobola obligations have been complied with, children born in marriage are affiliated to the clan of the husband. T...
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In this article, the authors evaluate the implications of the Children's Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his home. In recent times, the practice has taken on other dimensions, including very young girls being married to older men...
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Contracting a marriage under African customary law in Malawi poses difficulties and challenges in the light of the Bill of Rights and international human rights standards. There are bound to be conflicts which, seen from a human rights perspective, amount to violations of women's human rights. The article explores the nature of the conflict between...
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This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handl...

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