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RWM Rural Women’s Movement
The Women’s Rights Gateway
A periodic publication of the Rural Women’s Movement
Vol. 1/2012
Rural Women's Independent Rights
to Land, Property& Inheritance
RWM LOGO
RWM Rural Women’s Movement
By: Tumusiime K. Deo
RWM Volunteer
For the over 79% Blacks in the country, South Africa can-
not feel like home as long as they continue to languish in
poverty whilst watching their white colleagues flourish
like they always did during the apartheid era. The joy and
victory songs echoed as Nelson Mandela stepped out of
Robben Island, seem to be slowly waning particularly be-
cause most of the land in the country remains under the
tight grip of the white minority.
According to the Director for the Rural Women’s Move-
ment Sizani Ngubane, the whites strategically allocated
themselves all the fertile and arable lands, reserving un-
productive and rocky patches for the black citizens. Pub-
lished statistics, indicate that an estimated 24Million South
Africans live below the poverty line of 322 Rand a month
and therefore, cannot
produce enough food
to feed their families.
A 2012 report pro-
duced for RWM by
Jacquelin
Kataneksza, Rid-
dhima A. Mehta and
Gary A. Weingarten
from the Graduate
Program in Interna-
tional Affairs at The
Milano School of
International Affairs,
Management and
Urban Policy; indi-
cates that an estimat-
ed 61% of the popu-
lation in Kwazulu
Natal, lives in pov-
erty.
The report titled “Confronting Food Insecurity” reads in
part, “Rural households, particularly female-headed
households in KZN have been reported as economically
disadvantaged. As a result, food deficits are pervasive:
households are unable to produce enough food to last until
the next harvest (Mtshali, 2002).”
Needless to emphasize is the reality that about 83% of the
country’s land is still under the ownership of the whites.
Ideally, even if the remaining 17% were to be productive
land, it would be far-fetched to expect more than three
quarters of the country’s population to adequately live on
that.
Part of the Mondi commercial forests reportedly covering over 684000 hectares of land. It is
said that hundreds of people were bought off this land after being promised jobs and other
enticements. Analysts feel that this was one of the large scale rip offs that have left many
Black South Africans landless. RWM photo
Blacks gnash in poverty despite end of apartheid
RWM Rural Women’s Movement
From page 2
One does not need to look so far before experiencing the
reality of the biting poverty in South Africa. Three (3)
hours’ drive out of Durban City in Kwazulu Natal Prov-
ince, you begin to feel as if heading into a completely dif-
ferent country. The topography in Uthungulu district for
example, is not only more raised than the white owned are-
as, but the soils there cannot support any sustainable farm-
ing. People are living in fragile huts; they can barely afford
two meals a day, children study in very unhealthy condi-
tions particularly during the rainy season; and the worry
over their homes being washed away by heavy rains, simp-
ly compounds the people’s misery.
As I drove away from Uthungulu back to Durban City
some weeks ago, for about 3 hours my eyes were glued to a
whole new world; well tended farm, fully equipped with
irrigation facilities . The gap between whites and blacks is
plainly evident. One cannot hesitate to conclude that South
Africa is practically two countries in one.
While the political leadership tends to blame food insecuri-
ty on climate change which is a global phenomenon, there
are more localized factors
that deserve keen attention
among them; White favor-
itism, effects of Land Dis-
tribution (or lack of it),
lack of an Inclusive Food
System, lack of Basic In-
puts, Services and Finan-
cial Resources, and Poor
unrepresentative Govern-
ance.
It ought to be equally em-
phasized that in 1996, gov-
ernment fell in a trap by
inserting a property clause
in the constitution, which
has now bounced back,
making it very complicat-
ed to reclaim the Millions
of hectares of land under
the white farmers’ noose.
Government suggests that
land would be reclaimed
through the policy of willing buyer; willing seller. Howev-
er, the all-important question must be asked: How can the
poor woman in Nkandla who cannot afford two meals a
day, be able to purchase a piece of land? The Right to
Property ownership may be an international human rights
standard; But; this must be adopted in perspective, consid-
ering South Africa’s unique history.
At this point, government establishment ought to show
cause why so many people can afford to live in poverty
under their leadership. The rural woman is crying, she’s
asking: Where’s the freedom we fought for? Where’s the
30% of land promised in 1994? Where’s the reward for
Nelson Mandela’s painful 27 years in prison? Or have our
leaders quickly forgotten all the virtues we not so long ago
fought hard to achieve?
Analysts say that Nelson Mandela’s heroic gesture of de-
claring South Africa a Rainbow Nation seems to have been
misinterpreted, because as long as the people are not given
a chance to equitably share in the resources of their own
country, the rainbow will remain but a mere illusion.
Fruits may be healthy for the body and might-but an estimated 13Million people living below the
poverty line of 8 Rand a month, these cannot afford a fruit of this nature
RWM Rural Women’s Movement
“The people’s voice was loud and clear; that the Tradition-
al Courts Bill is flawed and ought to be fixed before it is
passed. We shall continue to oppose this and other pieces
of legislation intended to inflict more pain especially on
the rural women and girls, who face blunt brutality at the
hands of most traditional authorities almost on daily ba-
sis”, says Sizani Ngubane, the Director Rural Women’s
Movement.
The much publicized Traditional Courts Bill (2008) was
intended by the South African government to harmonize
traditional authorities’ operational framework with the
Constitution. However, analysts have expressed deep con-
cerned about the apparent politicization of traditional
structures and distancing them from the expectations of
the masses. An estimated 18Million South Africans reside
in rural areas that fall under the jurisdiction of traditional
authorities.
Among other contentious issues in the Bill includes; ex-
clusion of legal representation, the question of gender ine-
qualities, the issue of opting out of using traditional courts
in favor of other courts, prescription of harsh punishments,
and blatant negation of the constitutional provision on sep-
aration of powers.
The banning of legal representation in criminal cases con-
travenes the Bill of Rights and Section 35 (3) (f) of the
Constitution Act 108 of 1966 which, “guarantees the right
to legal representation of an accused person even at the
State's expense, if need be.
Besides all this, notes Sizani, more than half the total
number of chiefs commonly known as “Amakhosi”, origi-
nate from questionable lineages, yet they continue to be
recognized by the government.
The Rural Women’s Movement has registered accounts of
the untold misery inflicted especially on rural women by
traditional leaders particularly in regards to land owner-
ship and the practice of Ukuthwala (arranged and forced
marriages), both of which are in sharp contrast with inter-
national human rights standards. Incidentally such practic-
es are a reflection of the age-old male domination over
women, and therefore require deliberate policies by the
national and provincial governments to get them uprooted.
Case 1: 82 year old grandmother had her food garden be-
ing constantly destroyed by a herd of cattle from
eMangweni Community. We encouraged her to report the
matter at eMangweni Traditional Court. She travelled
more than 10 Kilometers from her home to this communi-
ty, only to find that the traditional court did not tackle her
case because this court does not speak to women.
Case 2: At Zululand District, when a member of the com-
munity loses a family member, they have to go to the chief
to request a letter of proof of residential address for them
to be able to register the death of their loved one and be
able to bury her/him. Before issuing the letter of proof of
residential address, the chief goes through his financial
books to check if the deceased or his or her family mem-
bers have been paying their levies.
In one case, the chief found out that the father who had
passed on had not been paying his
“uKhandampondo” (male tax). So, he refused to issue the
letter of proof of residential address in order for the family
to access his insurance policies and request the Depart-
ment of Home Affairs to register his death. The family
didn’t have the money to pay the chief his outstanding
arrears and could not bury their father for three (3)
months. They were only able to pay the outstanding ar-
rears after their neighbor had received ilobolo (bride price)
for his daughter. Each male resident is supposed to pay 20
Rand in uKhandampondo per month, for a lifetime. Fail-
ure to pay, denies the culprit services of the chiefs.
Traditional Courts Bill-the hated legislation
RWM Rural Women’s Movement
It has been dubbed in some circles as a miracle plant,
and this has unquestionably been confirmed by Dr.
Tesfay Samson, a senior Scholar at the University of
Kwazulu Natal. “What makes Moringa interesting is
the fact that it is medicinal, therapeutic, nutritive and
extremely effective in combating malnutrition”
During our brief interview at Pietermaritzburg recent-
ly, Dr. Tesfay revealed the budding plan to distribute
an estimated 125 Moringa tree seedlings to 25 women
in the South Coast of Kwazulu Natal. Working in
partnership with the Rural Women’s Movement, they
intend to provide the women with training, and farm
tools to enable them reap the most out of their plants.
Dr. Tesfay estimates that a single Moringa tree can
produce at least 25Kilograms of seed, each valued at
1500 Rand. By implication, if everything works out as
planned, in a single harvest, each of the women under
the Moringa project could walk away with 187,500
Rand per harvest, not to mention the additional bene-
fits from the rest of the parts of the tree including
roots, leaves and stems. It is estimated that the first
harvest could be realized within only 6months from
planting, and is said to be drought resistant. Moringa
According to Sizani Ngubane the Director Rural
Women’s Movement, the women will be helped to set
up their own seed beds as a way to guard against the
proliferation of Genetically Modified strains that
could have long term negative impacts on the project.
Moringa: South Coast Rural
Women destined for wealth!
RWM Rural Women’s Movement
Quotations
“A woman is like a tea bag; you never
know how strong it is until it's in hot wa-
ter.” Eleanor Roosevelt
“You educate a man; you educate a man.
You educate a woman; you educate a gen-
eration.” Brigham Young
“What would men be without women?
Scarce, sir...mighty scarce”― Mark
Twain
“In politics; If you want anything said, ask
a man. If you want anything done, ask a
woman”― Margaret Thatcher
“Every man I meet wants to protect me. I
can't figure out what from”― Mae West
“The thing women have yet to learn is no-
body gives you power. You just take it”―
Roseanne Barr
“When a woman becomes her own best
friend life is easier”― Diane Von Furst-
enberg
"Women have been trained to speak softly
and carry a lipstick. Those days are
over"__ Bella Abzug
EDITORIAL
Dear esteemed readers,
Thanks for sparing some time to read our newsletter titled,
“The Women’s Rights Gateway”. It is the intention of the Rural
Women’s Movement to make this a regular publication, and in-
deed serving as a gateway for raising the voices of the rural
women, who would otherwise never be heard through the tradi-
tional channels of communication.
For our initial edition, we have put together a cocktail of sto-
ries drawn from various parts of the Kwazulu-Natal Province,
plus other informative items that might be of interest. Sad to
say that despite apparent efforts to address the light of wom-
en through legislation, the situation on the ground remains
quite wanting. Using her small resources, RWM is making an ef-
fort to raise a sense of hope amongst over 50,000 women cur-
rently faced with enormous challenges ranging from abject
poverty, hunger, diseases especially HIV/AIDS and very low
morale and esteem. Our intention is to reach the message of
hope as far and wide as possible, and to rally the support of
local and national authorities and our international partners to-
wards our cause.
We do hope that the stories published in this newsletter will
help to ignite in you some empathy for the rural woman, and
cause in you a drive to join the struggle towards liberating the
rural women in South Africa.
RWM appreciates your feedback and suggestions. We may pub-
lish a selection of the same in our subsequent newsletters.
Sizane Ngubane, Director Rural Women’s Movement
RWM Rural Women’s Movement
“Look at me; am in this house alone with my orphaned
little girl. If they get to know that I spoke to you about
this matter, the reward is death”, said Mama Umkungu
(not real name, on request-Editor]when RWM members
visited her home recently; but what a welcome refresh-
ment from this widow in Kwazulu Natal! It was only af-
ter we assured her that we were working with an organi-
zation that helps to address women’s challenges that she
was able to open up the full story about the ill treatment
of women in her village by the traditional authorities.
Notwithstanding the fact that women are expected to pro-
vide food for their children and husbands, when it comes
to land ownership, it’s the preserve of men! In very few
cases, where say women groups are given permission to
operate on the land, it’s later taken away from them arbi-
trarily under the disguise that they have failed to effec-
tively utilize it. This was the case with the group of
women Mama Umkungu works with. Having secured a
certificate from the ‘Custodian Board’ to utilize the land
in question, the area chief denied the women the Permis-
sion To Operate, and word has it that the same chief is
colluding with some businessmen to lease off the land!
In another village, we captured a case of one lady identi-
fied as Duduzile Xaba (67) who was also threatened with
death after she attempted to reclaim a piece of land be-
stowed unto her by her late father, Solomon Railton Xa-
ba. According to her account, Ms Duduzile was named
heir to her father’s land located in Kwazulu Natal; and
evidence of this is contained in the will, dated 3rd August
1988. The will reads in part; I hereby appoint as heir of
my entire estate Queeen Eunice Xaba (born Dube): Since
my spouse is an heir of mine, I hereby provide that on
her death, her entire inheritance shall devolve upon my
daughter Clarice Duduzile Xaba…
However, her father’s wish was dishonored as
Duduzile’s half-brother reportedly conspired with the
Inkosi (Chief) of the area to frustrate her efforts to occu-
py her father’s land. In fact, she recounts a number of
instances when her half-brother threatened to kill her in
the event that she did not give up on the land.
When Ms. Duduzile rushed to report to the area chief, the
chief rudely asked her, “Why did your father write the
will in your name? Didn’t he have a son to write a will in
your name?” Yes, many chiefs disregard women’s
claims, demanding that they be represented by a male
relative!
The government of South Africa has made an effort to
provide for the rights of women in law, but not much has
been done on implementation. Women particularly in the
rural communities continue to be considered as second
class citizens and are helplessly ridiculed by their male
leaders. It is not enough for government to put in place
rosy pieces of legislation with no tangible systems on the
ground to implement them. Otherwise the equality be-
tween men and women as mentioned in the constitution
remains a far cry unless something is urgently done to fix
the situation.
Women’s right to land; a question of life and death!
RWM Rural Women’s Movement
During one of the meetings in which the Rural Wom-
en’s Movement was invited to have a talk with wom-
en in eNkandla district, amazing
scenes were witnessed. In the midst
of over 40 women that had come to
attend the meeting held at the Mazu-
khashe Agricultural Centre, sat an un
-named gentleman, making a ratio of
40:1. I later got to know that the gen-
tleman was one of the Indunas
(Headman) in the village and was
thought to be spying on the women’s
discussions! His presence terrorized
the women so much that when it
came to question time, hardly any of
them was willing to commit. Inter-
estingly another meeting was held in
a nearby village, this time manned
by a female chief. The chief at-
tended the meeting from start to
finish. In this meeting though,
women were very free and they
expressed their view openly with-
out any fear. This implied that
women are freer before their very
own, and are too intimidated to
talk before their male leaders. I
later joked with one of the women
that if they had wanted, they could
have mugged the Induna out of
their meeting-surely one man
could not have out powered 40
women!
The women said that while many
people think eNkandla is very developed just because
it’s the President’s home area, there’s little to prove
this other than the President’s perimeter compound
When will women outgrow men’s intimidation?
A group of women fron iNkandla attending the meeting at Mazukashe
RWM Rural Women’s Movement
Amahlubi- the community
with mixed fortunes
By: Tumusiime Deo, RWM
Waiting 100 years to regain the land their ancestors once
called home was long enough, and now that the
Amahlubi community finally reclaimed their land, the
message from the people is clear-No turning back. Gov-
ernment handed 8,600 hectares of land back to the
Amahlubi community 12 years ago in a ceremony attend-
ed by then President Thabo Mbeki, H.M Chief Goodwin
Zwelithini and a number of other notable dignitaries, but
since that ceremony the people say that government
abandoned them and has never returned to offer any sup-
port towards developing the land and improving the peo-
ple’s livelihood.
The sweet promises and optimism expressed by then
Minister of Agriculture and Land affairs Ms. A.T Didiza
at the Amahlubi Title handover ceremony, seems to have
all been mere political rhetoric.
During a recent visit to the community located about 2
and a half hours’ drive from Durban, it was evident that
the land in question is punctuated with deep artificial
spiky valleys, created by massive soil erosion, which
community members fear could soon wash their gardens
and homes away with time. Amahlubi is a low lying area
surrounded by tall mountains, and during heavy rains,
powerful floods normally cause untold damage; and un-
less government quickly intervenes to address this issue,
it could turn out that the people of Amahlubi were simply
offered nothing but ‘hot air’. In addition to soil erosion
Amahlubi community members pointed out the issue of
poor infrastructure, far-off pension pay centres, and lack
of adequate clean water, among others.
Part of the Amahlubi land devastated by soil erosion– RWM photo
RWM Rural Women’s Movement
From Page 9
Amahlubi women-The perfect victors of South Africa
While the rest are waiting for miraculous intervention from
government, a group of women calling themselves the
Bhekuzulu Senior Citizens have vowed not to sit back and
watch while an already bad situation grows from bad to
worse. The group headed by uMama Ntombiza Sithole
started in 2008, and comprises of over 30 women of all age
groups including 20 young girls who are interested in fur-
thering the cause to kick poverty out of their homes and
Amahlubi Community at large. They have also welcomed
the involvement of young and energetic boys, forming a
perfect blend of an organization with a fat dream for the
future.
Supported by the Rural Women’s Movement, the group has
so far secured a piece of farmland where they intend to
grow crops to supplement their food requirements. In addi-
tion, thanks to finances from National Lottery, the group
has purchased musical instruments to facilitate their cultur-
al leisurely performances and possibly income generating.
In addition, grants from Mama Cash Netherlands and other
funders, have been directed towards developing the group’s
garden as well as producing handicrafts.
The group is actively involved in the struggle against the
Traditional Courts of 2008. They have prepared oral and
written submissions to be presented before the Portfolio
Committee at National Parliament in Cape Town and at
provincial level.
When RWM visited the group, the messages of unity, joy
and hope were written all over their faces as the ecstatically
took to their feet in frenzied dancing. They acted as a fami-
ly unit, a character that has kept the group united now over
4 years-and indeed if they keep the pace, the sky may not
even be the limit.
The group passionately thanked the RWM Director Sizani
Ngubane for standing strongly for their rights. They
acknowledged that thanks to RWM’s efforts, now they can
speak out their voices in the traditional and local councils
without intimidation. Furthermore, they recognized
RWM’s contribution towards the hygiene project, the train-
ing offered to young women in the use of ICTs, support
towards fencing of their garden, and purchase of vital
equipment including a modern music system, among oth-
ers.
Looking into the future, the women have an ambition of
producing enough food, handicrafts and other items for
large scale commercial purposes. “If we continue like this,
we will grow and one day we’ll see trucks coming to take
our crafts and crops,” one jubilant woman said.
Voice from the traditional authority
RWM had an opportunity to speak to Traditional Council
officials from Amahlubi Community in uThukela district
recently, and they vehemently denounced the practice of
ukuthwala as unnatural to the Zulu cultural tradition. Indu-
na P.Mnguni (76) joined the Traditional Council in 1976
and according to him, the practice of ukuthwala is criminal
and those doing it must face the law. “It doesn’t happen
here,” he said. On the question of women being denied the
right to own land, Induna Mnguni said he did not think this
is right, adding that in Amahlubi, women are allocated land
and are allowed to register it in their names.
When RWM later met a group of women organized in their
Bhekuzulu Senior Citizens group. The women said in a
chorus, that gone are the days when they were intimidated
by their male counterparts. In fact, one of them figuratively
stressed that if they are attending a traditional council
meeting and a man raises his hand to shut a woman up, the
woman will eely march under the man’s hand to the front
and raise her point. The women soon burst into singing,
resounding victory as they rhythmically shook their bodies
in the traditional Zulu dance styles. In one of the songs, the
women say that even if it means going to Parliament, they
carry on the fight for justice. It was indeed fun to watch-
yet while Amahlubi community is beaming with visible
liberty for women, the situation in other areas remains
wanting. It is at this point that that the Rural Women’s
Movement shall not rest until justice for all women in
Kwazulu Natal [and beyond] has been satisfactorily real-
ized. To page 10
RWM–facilitated participants undergoing ICT training
RWM Rural Women’s Movement
The Senior Citizens of Amahlubi
RWM Rural Women’s Movement
Traditional Ukuthwala-outdated, archaic, undesirable
“Why don't they kill me? I just don't love this man”, said
14-year old Nonkululeko, a victim of secretive bride ab-
duction. Handed over to her tormentors by her uncle, she
was beaten, raped and forced into marriage….and this, is
how Nonkululeko's dream of becoming a Pilot was so
crudely ruined.
Hiding under the precincts of the Zulu cultural practice of
initiating young girls into marriage, Ukuthwala (or ar-
ranged marriage) has lost relevance in contemporary life
due to the violations of the victims’ human rights. The Ru-
ral Women’s Movement (RWM) affirms that barbarous
men and criminals are taking advantage of this age-old
misfortune to heartlessly abduct; rape and torture little
girls.
RWM recently was drawn to the case of 14-year old Non-
kululeko, a very brilliant little girl according to her teach-
ers, but her future came to a sudden halt after she was sold
into marriage by her very own uncle seven years ago.
Nonkuleko’s uncle reportedly plotted with an admirer sev-
en years her senior. He ordered her to get into a car with
her suitor and three other men as she returned from the vil-
lage well carrying water. She was driven to a forest, where
the uncle left her with the men, who said she must marry
her suitor. For her attempted resistance, Nonkululeko was
severely beaten with a leather whip and later repeatedly
raped before she was forced to write a letter to grandmoth-
er admitting that she loved the man in question and wanted
to marry him. Nonkululeko’s uncle made away with eight
(8) cows in exchange for his niece.
Nonkululeko was orphaned at a tender age of 4years when
she lost her mother, and her father was nowhere ever in in
her life. She was brought up by her grandmother. Accord-
ing to teachers at her school, whenever Nonkululeko saw a
silver machine flying in the sky above the mountains in her
village, a secret dream shimmered in her mind. A high
achiever at school, excelling in Math and Science, Nonku-
luleko dreamed of becoming a pilot.
Painfully, her dream disappeared in this air the day she was
abducted. The Rural Women’s Movement has since learnt
that Nonkululeko (now 21), is expecting a 3rd child from
her tormentor.
Chief defends ukuthwala
While making a submission in Parliament in 2010, one
chief from Northern Kwazulu Natal named Mandla Man-
dela reportedly suggested that “culture has no age. “Age is
something we learnt today because of our westernisation,
because we have now become learned,” chief Mandla said.
He did not appear to see anything wrong with underage
girls being forced into marriage!
Reportedly, according to the Uthembu culture, for a girl to
be taken as a wife through “ukuthwala”, she had her female
-hood tested/explored by young men, in order that when
she starts puberty, her mothers, would then take her
through the “intonjane” initiation process. After this
“intonjane” initiation, then it’s the right of young men to
enact the “ukuthwalwa” of that girl. “That process then my
mother; had nothing to do with age. It depended on when
the girl underwent the “intonjane” initiation as arranged by
the parents, her mothers, and her extended aunts and grand-
mothers. Eh, that is how culture is/works”, said the chief.
The practice of ukuthwala is however inconsistent with the
UN Declaration of Human Rights, which states in Article
16 (2) that: “Marriage shall be entered into with the free
and full consent of the intending spouses.” This MUST be
respected and upheld.
RWM Rural Women’s Movement
Facts on Women’s Rights
In the South African Constitution (1996)
Cap 2: The Bill of Rights: Article 9
Equality: (1) Everyone is equal before the law and has
the right to equal protection and benefit of the law.
(2) Equality includes the full and equal enjoyment of all
rights and freedoms. To promote the achievement of
equality, legislative and other measures designed to pro-
tect or advance persons, or categories of persons, disad-
vantaged by unfair discrimination may be taken.
(3) The state may not unfairly discriminate directly or in-
directly against anyone on one or more grounds, including
race, gender, sex, pregnancy, marital status, ethnic or so-
cial origin, colour, sexual orientation, age, disability, reli-
gion, conscience, belief, culture, language and birth.
(4) No person may unfairly discriminate directly or indi-
rectly against anyone on one or more grounds in terms of
subsection (3)...
(5) Discrimination on one or more of the grounds listed in
subsection (3) is unfair unless it is established that the dis-
crimination is fair.
10. Human dignity-Everyone has inherent dignity
and the right to have their dignity respected and protected.
Convention on the Elimination of All
Forms of Discrimination against Wom-
en New York, 18 December 1979
Article 5
States Parties shall take all appropriate measures: (a) To
modify the social and cultural patterns of conduct of men
and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are
based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and
women;
Article 14
1. States Parties shall take into account the particular
problems faced by rural women and the significant roles
which rural women play in the economic survival of their
families, including their work in the non-monetized sec-
tors of the economy, and shall take all appropriate
measures to ensure the application of the provisions of the
present Convention to women in rural areas.
2. States Parties shall take all appropriate measures to
eliminate discrimination against women in rural areas in
order to ensure, on a basis of equality of men and women,
that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementa-
tion of development planning at all levels;
(b) To have access to adequate health care facilities,
including information, counseling and services in family
planning;
(c) To benefit directly from social security pro-
grammes;
(d) To obtain all types of training and education, for-
mal and non-formal, including that relating to functional
literacy, as well as, inter alia, the benefit of all community
and extension services, in order to increase their technical
proficiency;
(e) To organize self-help groups and co-operatives in
order to obtain equal access to economic opportunities
through employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans,
marketing facilities, appropriate technology and equal
treatment in land and agrarian reform as well as in land
resettlement schemes;
(h) To enjoy adequate living conditions, particularly
in relation to housing, sanitation, electricity and water sup-
ply, transport and communications.
Also read: Declaration on the Elimination of Violence
against Women, Proclaimed by General Assembly resolu-
tion 48/104 of 20 December 1993
RWM Rural Women’s Movement
Article 16 (2) of the UN Declaration of Human Rights
emphasizes that: “Marriage shall be entered into only
with the free and full consent of the intending spouses.”
The Practice of ukuthwala is therefore a blatant violation of
this provision and must be outlawed.
Rural Women’s Movement (RWM)
38 Valley Road, Sea Cow Lake, Durban, South Africa
Tel: +27 (0) 31 579 4559
Fax: +27 (0) 31 579 4559
E-mail: rwmkzn@telkomsa.net

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RWN Newsletter [Final 28 11 12]

  • 1. RWM Rural Women’s Movement The Women’s Rights Gateway A periodic publication of the Rural Women’s Movement Vol. 1/2012 Rural Women's Independent Rights to Land, Property& Inheritance RWM LOGO
  • 2. RWM Rural Women’s Movement By: Tumusiime K. Deo RWM Volunteer For the over 79% Blacks in the country, South Africa can- not feel like home as long as they continue to languish in poverty whilst watching their white colleagues flourish like they always did during the apartheid era. The joy and victory songs echoed as Nelson Mandela stepped out of Robben Island, seem to be slowly waning particularly be- cause most of the land in the country remains under the tight grip of the white minority. According to the Director for the Rural Women’s Move- ment Sizani Ngubane, the whites strategically allocated themselves all the fertile and arable lands, reserving un- productive and rocky patches for the black citizens. Pub- lished statistics, indicate that an estimated 24Million South Africans live below the poverty line of 322 Rand a month and therefore, cannot produce enough food to feed their families. A 2012 report pro- duced for RWM by Jacquelin Kataneksza, Rid- dhima A. Mehta and Gary A. Weingarten from the Graduate Program in Interna- tional Affairs at The Milano School of International Affairs, Management and Urban Policy; indi- cates that an estimat- ed 61% of the popu- lation in Kwazulu Natal, lives in pov- erty. The report titled “Confronting Food Insecurity” reads in part, “Rural households, particularly female-headed households in KZN have been reported as economically disadvantaged. As a result, food deficits are pervasive: households are unable to produce enough food to last until the next harvest (Mtshali, 2002).” Needless to emphasize is the reality that about 83% of the country’s land is still under the ownership of the whites. Ideally, even if the remaining 17% were to be productive land, it would be far-fetched to expect more than three quarters of the country’s population to adequately live on that. Part of the Mondi commercial forests reportedly covering over 684000 hectares of land. It is said that hundreds of people were bought off this land after being promised jobs and other enticements. Analysts feel that this was one of the large scale rip offs that have left many Black South Africans landless. RWM photo Blacks gnash in poverty despite end of apartheid
  • 3. RWM Rural Women’s Movement From page 2 One does not need to look so far before experiencing the reality of the biting poverty in South Africa. Three (3) hours’ drive out of Durban City in Kwazulu Natal Prov- ince, you begin to feel as if heading into a completely dif- ferent country. The topography in Uthungulu district for example, is not only more raised than the white owned are- as, but the soils there cannot support any sustainable farm- ing. People are living in fragile huts; they can barely afford two meals a day, children study in very unhealthy condi- tions particularly during the rainy season; and the worry over their homes being washed away by heavy rains, simp- ly compounds the people’s misery. As I drove away from Uthungulu back to Durban City some weeks ago, for about 3 hours my eyes were glued to a whole new world; well tended farm, fully equipped with irrigation facilities . The gap between whites and blacks is plainly evident. One cannot hesitate to conclude that South Africa is practically two countries in one. While the political leadership tends to blame food insecuri- ty on climate change which is a global phenomenon, there are more localized factors that deserve keen attention among them; White favor- itism, effects of Land Dis- tribution (or lack of it), lack of an Inclusive Food System, lack of Basic In- puts, Services and Finan- cial Resources, and Poor unrepresentative Govern- ance. It ought to be equally em- phasized that in 1996, gov- ernment fell in a trap by inserting a property clause in the constitution, which has now bounced back, making it very complicat- ed to reclaim the Millions of hectares of land under the white farmers’ noose. Government suggests that land would be reclaimed through the policy of willing buyer; willing seller. Howev- er, the all-important question must be asked: How can the poor woman in Nkandla who cannot afford two meals a day, be able to purchase a piece of land? The Right to Property ownership may be an international human rights standard; But; this must be adopted in perspective, consid- ering South Africa’s unique history. At this point, government establishment ought to show cause why so many people can afford to live in poverty under their leadership. The rural woman is crying, she’s asking: Where’s the freedom we fought for? Where’s the 30% of land promised in 1994? Where’s the reward for Nelson Mandela’s painful 27 years in prison? Or have our leaders quickly forgotten all the virtues we not so long ago fought hard to achieve? Analysts say that Nelson Mandela’s heroic gesture of de- claring South Africa a Rainbow Nation seems to have been misinterpreted, because as long as the people are not given a chance to equitably share in the resources of their own country, the rainbow will remain but a mere illusion. Fruits may be healthy for the body and might-but an estimated 13Million people living below the poverty line of 8 Rand a month, these cannot afford a fruit of this nature
  • 4. RWM Rural Women’s Movement “The people’s voice was loud and clear; that the Tradition- al Courts Bill is flawed and ought to be fixed before it is passed. We shall continue to oppose this and other pieces of legislation intended to inflict more pain especially on the rural women and girls, who face blunt brutality at the hands of most traditional authorities almost on daily ba- sis”, says Sizani Ngubane, the Director Rural Women’s Movement. The much publicized Traditional Courts Bill (2008) was intended by the South African government to harmonize traditional authorities’ operational framework with the Constitution. However, analysts have expressed deep con- cerned about the apparent politicization of traditional structures and distancing them from the expectations of the masses. An estimated 18Million South Africans reside in rural areas that fall under the jurisdiction of traditional authorities. Among other contentious issues in the Bill includes; ex- clusion of legal representation, the question of gender ine- qualities, the issue of opting out of using traditional courts in favor of other courts, prescription of harsh punishments, and blatant negation of the constitutional provision on sep- aration of powers. The banning of legal representation in criminal cases con- travenes the Bill of Rights and Section 35 (3) (f) of the Constitution Act 108 of 1966 which, “guarantees the right to legal representation of an accused person even at the State's expense, if need be. Besides all this, notes Sizani, more than half the total number of chiefs commonly known as “Amakhosi”, origi- nate from questionable lineages, yet they continue to be recognized by the government. The Rural Women’s Movement has registered accounts of the untold misery inflicted especially on rural women by traditional leaders particularly in regards to land owner- ship and the practice of Ukuthwala (arranged and forced marriages), both of which are in sharp contrast with inter- national human rights standards. Incidentally such practic- es are a reflection of the age-old male domination over women, and therefore require deliberate policies by the national and provincial governments to get them uprooted. Case 1: 82 year old grandmother had her food garden be- ing constantly destroyed by a herd of cattle from eMangweni Community. We encouraged her to report the matter at eMangweni Traditional Court. She travelled more than 10 Kilometers from her home to this communi- ty, only to find that the traditional court did not tackle her case because this court does not speak to women. Case 2: At Zululand District, when a member of the com- munity loses a family member, they have to go to the chief to request a letter of proof of residential address for them to be able to register the death of their loved one and be able to bury her/him. Before issuing the letter of proof of residential address, the chief goes through his financial books to check if the deceased or his or her family mem- bers have been paying their levies. In one case, the chief found out that the father who had passed on had not been paying his “uKhandampondo” (male tax). So, he refused to issue the letter of proof of residential address in order for the family to access his insurance policies and request the Depart- ment of Home Affairs to register his death. The family didn’t have the money to pay the chief his outstanding arrears and could not bury their father for three (3) months. They were only able to pay the outstanding ar- rears after their neighbor had received ilobolo (bride price) for his daughter. Each male resident is supposed to pay 20 Rand in uKhandampondo per month, for a lifetime. Fail- ure to pay, denies the culprit services of the chiefs. Traditional Courts Bill-the hated legislation
  • 5. RWM Rural Women’s Movement It has been dubbed in some circles as a miracle plant, and this has unquestionably been confirmed by Dr. Tesfay Samson, a senior Scholar at the University of Kwazulu Natal. “What makes Moringa interesting is the fact that it is medicinal, therapeutic, nutritive and extremely effective in combating malnutrition” During our brief interview at Pietermaritzburg recent- ly, Dr. Tesfay revealed the budding plan to distribute an estimated 125 Moringa tree seedlings to 25 women in the South Coast of Kwazulu Natal. Working in partnership with the Rural Women’s Movement, they intend to provide the women with training, and farm tools to enable them reap the most out of their plants. Dr. Tesfay estimates that a single Moringa tree can produce at least 25Kilograms of seed, each valued at 1500 Rand. By implication, if everything works out as planned, in a single harvest, each of the women under the Moringa project could walk away with 187,500 Rand per harvest, not to mention the additional bene- fits from the rest of the parts of the tree including roots, leaves and stems. It is estimated that the first harvest could be realized within only 6months from planting, and is said to be drought resistant. Moringa According to Sizani Ngubane the Director Rural Women’s Movement, the women will be helped to set up their own seed beds as a way to guard against the proliferation of Genetically Modified strains that could have long term negative impacts on the project. Moringa: South Coast Rural Women destined for wealth!
  • 6. RWM Rural Women’s Movement Quotations “A woman is like a tea bag; you never know how strong it is until it's in hot wa- ter.” Eleanor Roosevelt “You educate a man; you educate a man. You educate a woman; you educate a gen- eration.” Brigham Young “What would men be without women? Scarce, sir...mighty scarce”― Mark Twain “In politics; If you want anything said, ask a man. If you want anything done, ask a woman”― Margaret Thatcher “Every man I meet wants to protect me. I can't figure out what from”― Mae West “The thing women have yet to learn is no- body gives you power. You just take it”― Roseanne Barr “When a woman becomes her own best friend life is easier”― Diane Von Furst- enberg "Women have been trained to speak softly and carry a lipstick. Those days are over"__ Bella Abzug EDITORIAL Dear esteemed readers, Thanks for sparing some time to read our newsletter titled, “The Women’s Rights Gateway”. It is the intention of the Rural Women’s Movement to make this a regular publication, and in- deed serving as a gateway for raising the voices of the rural women, who would otherwise never be heard through the tradi- tional channels of communication. For our initial edition, we have put together a cocktail of sto- ries drawn from various parts of the Kwazulu-Natal Province, plus other informative items that might be of interest. Sad to say that despite apparent efforts to address the light of wom- en through legislation, the situation on the ground remains quite wanting. Using her small resources, RWM is making an ef- fort to raise a sense of hope amongst over 50,000 women cur- rently faced with enormous challenges ranging from abject poverty, hunger, diseases especially HIV/AIDS and very low morale and esteem. Our intention is to reach the message of hope as far and wide as possible, and to rally the support of local and national authorities and our international partners to- wards our cause. We do hope that the stories published in this newsletter will help to ignite in you some empathy for the rural woman, and cause in you a drive to join the struggle towards liberating the rural women in South Africa. RWM appreciates your feedback and suggestions. We may pub- lish a selection of the same in our subsequent newsletters. Sizane Ngubane, Director Rural Women’s Movement
  • 7. RWM Rural Women’s Movement “Look at me; am in this house alone with my orphaned little girl. If they get to know that I spoke to you about this matter, the reward is death”, said Mama Umkungu (not real name, on request-Editor]when RWM members visited her home recently; but what a welcome refresh- ment from this widow in Kwazulu Natal! It was only af- ter we assured her that we were working with an organi- zation that helps to address women’s challenges that she was able to open up the full story about the ill treatment of women in her village by the traditional authorities. Notwithstanding the fact that women are expected to pro- vide food for their children and husbands, when it comes to land ownership, it’s the preserve of men! In very few cases, where say women groups are given permission to operate on the land, it’s later taken away from them arbi- trarily under the disguise that they have failed to effec- tively utilize it. This was the case with the group of women Mama Umkungu works with. Having secured a certificate from the ‘Custodian Board’ to utilize the land in question, the area chief denied the women the Permis- sion To Operate, and word has it that the same chief is colluding with some businessmen to lease off the land! In another village, we captured a case of one lady identi- fied as Duduzile Xaba (67) who was also threatened with death after she attempted to reclaim a piece of land be- stowed unto her by her late father, Solomon Railton Xa- ba. According to her account, Ms Duduzile was named heir to her father’s land located in Kwazulu Natal; and evidence of this is contained in the will, dated 3rd August 1988. The will reads in part; I hereby appoint as heir of my entire estate Queeen Eunice Xaba (born Dube): Since my spouse is an heir of mine, I hereby provide that on her death, her entire inheritance shall devolve upon my daughter Clarice Duduzile Xaba… However, her father’s wish was dishonored as Duduzile’s half-brother reportedly conspired with the Inkosi (Chief) of the area to frustrate her efforts to occu- py her father’s land. In fact, she recounts a number of instances when her half-brother threatened to kill her in the event that she did not give up on the land. When Ms. Duduzile rushed to report to the area chief, the chief rudely asked her, “Why did your father write the will in your name? Didn’t he have a son to write a will in your name?” Yes, many chiefs disregard women’s claims, demanding that they be represented by a male relative! The government of South Africa has made an effort to provide for the rights of women in law, but not much has been done on implementation. Women particularly in the rural communities continue to be considered as second class citizens and are helplessly ridiculed by their male leaders. It is not enough for government to put in place rosy pieces of legislation with no tangible systems on the ground to implement them. Otherwise the equality be- tween men and women as mentioned in the constitution remains a far cry unless something is urgently done to fix the situation. Women’s right to land; a question of life and death!
  • 8. RWM Rural Women’s Movement During one of the meetings in which the Rural Wom- en’s Movement was invited to have a talk with wom- en in eNkandla district, amazing scenes were witnessed. In the midst of over 40 women that had come to attend the meeting held at the Mazu- khashe Agricultural Centre, sat an un -named gentleman, making a ratio of 40:1. I later got to know that the gen- tleman was one of the Indunas (Headman) in the village and was thought to be spying on the women’s discussions! His presence terrorized the women so much that when it came to question time, hardly any of them was willing to commit. Inter- estingly another meeting was held in a nearby village, this time manned by a female chief. The chief at- tended the meeting from start to finish. In this meeting though, women were very free and they expressed their view openly with- out any fear. This implied that women are freer before their very own, and are too intimidated to talk before their male leaders. I later joked with one of the women that if they had wanted, they could have mugged the Induna out of their meeting-surely one man could not have out powered 40 women! The women said that while many people think eNkandla is very developed just because it’s the President’s home area, there’s little to prove this other than the President’s perimeter compound When will women outgrow men’s intimidation? A group of women fron iNkandla attending the meeting at Mazukashe
  • 9. RWM Rural Women’s Movement Amahlubi- the community with mixed fortunes By: Tumusiime Deo, RWM Waiting 100 years to regain the land their ancestors once called home was long enough, and now that the Amahlubi community finally reclaimed their land, the message from the people is clear-No turning back. Gov- ernment handed 8,600 hectares of land back to the Amahlubi community 12 years ago in a ceremony attend- ed by then President Thabo Mbeki, H.M Chief Goodwin Zwelithini and a number of other notable dignitaries, but since that ceremony the people say that government abandoned them and has never returned to offer any sup- port towards developing the land and improving the peo- ple’s livelihood. The sweet promises and optimism expressed by then Minister of Agriculture and Land affairs Ms. A.T Didiza at the Amahlubi Title handover ceremony, seems to have all been mere political rhetoric. During a recent visit to the community located about 2 and a half hours’ drive from Durban, it was evident that the land in question is punctuated with deep artificial spiky valleys, created by massive soil erosion, which community members fear could soon wash their gardens and homes away with time. Amahlubi is a low lying area surrounded by tall mountains, and during heavy rains, powerful floods normally cause untold damage; and un- less government quickly intervenes to address this issue, it could turn out that the people of Amahlubi were simply offered nothing but ‘hot air’. In addition to soil erosion Amahlubi community members pointed out the issue of poor infrastructure, far-off pension pay centres, and lack of adequate clean water, among others. Part of the Amahlubi land devastated by soil erosion– RWM photo
  • 10. RWM Rural Women’s Movement From Page 9 Amahlubi women-The perfect victors of South Africa While the rest are waiting for miraculous intervention from government, a group of women calling themselves the Bhekuzulu Senior Citizens have vowed not to sit back and watch while an already bad situation grows from bad to worse. The group headed by uMama Ntombiza Sithole started in 2008, and comprises of over 30 women of all age groups including 20 young girls who are interested in fur- thering the cause to kick poverty out of their homes and Amahlubi Community at large. They have also welcomed the involvement of young and energetic boys, forming a perfect blend of an organization with a fat dream for the future. Supported by the Rural Women’s Movement, the group has so far secured a piece of farmland where they intend to grow crops to supplement their food requirements. In addi- tion, thanks to finances from National Lottery, the group has purchased musical instruments to facilitate their cultur- al leisurely performances and possibly income generating. In addition, grants from Mama Cash Netherlands and other funders, have been directed towards developing the group’s garden as well as producing handicrafts. The group is actively involved in the struggle against the Traditional Courts of 2008. They have prepared oral and written submissions to be presented before the Portfolio Committee at National Parliament in Cape Town and at provincial level. When RWM visited the group, the messages of unity, joy and hope were written all over their faces as the ecstatically took to their feet in frenzied dancing. They acted as a fami- ly unit, a character that has kept the group united now over 4 years-and indeed if they keep the pace, the sky may not even be the limit. The group passionately thanked the RWM Director Sizani Ngubane for standing strongly for their rights. They acknowledged that thanks to RWM’s efforts, now they can speak out their voices in the traditional and local councils without intimidation. Furthermore, they recognized RWM’s contribution towards the hygiene project, the train- ing offered to young women in the use of ICTs, support towards fencing of their garden, and purchase of vital equipment including a modern music system, among oth- ers. Looking into the future, the women have an ambition of producing enough food, handicrafts and other items for large scale commercial purposes. “If we continue like this, we will grow and one day we’ll see trucks coming to take our crafts and crops,” one jubilant woman said. Voice from the traditional authority RWM had an opportunity to speak to Traditional Council officials from Amahlubi Community in uThukela district recently, and they vehemently denounced the practice of ukuthwala as unnatural to the Zulu cultural tradition. Indu- na P.Mnguni (76) joined the Traditional Council in 1976 and according to him, the practice of ukuthwala is criminal and those doing it must face the law. “It doesn’t happen here,” he said. On the question of women being denied the right to own land, Induna Mnguni said he did not think this is right, adding that in Amahlubi, women are allocated land and are allowed to register it in their names. When RWM later met a group of women organized in their Bhekuzulu Senior Citizens group. The women said in a chorus, that gone are the days when they were intimidated by their male counterparts. In fact, one of them figuratively stressed that if they are attending a traditional council meeting and a man raises his hand to shut a woman up, the woman will eely march under the man’s hand to the front and raise her point. The women soon burst into singing, resounding victory as they rhythmically shook their bodies in the traditional Zulu dance styles. In one of the songs, the women say that even if it means going to Parliament, they carry on the fight for justice. It was indeed fun to watch- yet while Amahlubi community is beaming with visible liberty for women, the situation in other areas remains wanting. It is at this point that that the Rural Women’s Movement shall not rest until justice for all women in Kwazulu Natal [and beyond] has been satisfactorily real- ized. To page 10 RWM–facilitated participants undergoing ICT training
  • 11. RWM Rural Women’s Movement The Senior Citizens of Amahlubi
  • 12. RWM Rural Women’s Movement Traditional Ukuthwala-outdated, archaic, undesirable “Why don't they kill me? I just don't love this man”, said 14-year old Nonkululeko, a victim of secretive bride ab- duction. Handed over to her tormentors by her uncle, she was beaten, raped and forced into marriage….and this, is how Nonkululeko's dream of becoming a Pilot was so crudely ruined. Hiding under the precincts of the Zulu cultural practice of initiating young girls into marriage, Ukuthwala (or ar- ranged marriage) has lost relevance in contemporary life due to the violations of the victims’ human rights. The Ru- ral Women’s Movement (RWM) affirms that barbarous men and criminals are taking advantage of this age-old misfortune to heartlessly abduct; rape and torture little girls. RWM recently was drawn to the case of 14-year old Non- kululeko, a very brilliant little girl according to her teach- ers, but her future came to a sudden halt after she was sold into marriage by her very own uncle seven years ago. Nonkuleko’s uncle reportedly plotted with an admirer sev- en years her senior. He ordered her to get into a car with her suitor and three other men as she returned from the vil- lage well carrying water. She was driven to a forest, where the uncle left her with the men, who said she must marry her suitor. For her attempted resistance, Nonkululeko was severely beaten with a leather whip and later repeatedly raped before she was forced to write a letter to grandmoth- er admitting that she loved the man in question and wanted to marry him. Nonkululeko’s uncle made away with eight (8) cows in exchange for his niece. Nonkululeko was orphaned at a tender age of 4years when she lost her mother, and her father was nowhere ever in in her life. She was brought up by her grandmother. Accord- ing to teachers at her school, whenever Nonkululeko saw a silver machine flying in the sky above the mountains in her village, a secret dream shimmered in her mind. A high achiever at school, excelling in Math and Science, Nonku- luleko dreamed of becoming a pilot. Painfully, her dream disappeared in this air the day she was abducted. The Rural Women’s Movement has since learnt that Nonkululeko (now 21), is expecting a 3rd child from her tormentor. Chief defends ukuthwala While making a submission in Parliament in 2010, one chief from Northern Kwazulu Natal named Mandla Man- dela reportedly suggested that “culture has no age. “Age is something we learnt today because of our westernisation, because we have now become learned,” chief Mandla said. He did not appear to see anything wrong with underage girls being forced into marriage! Reportedly, according to the Uthembu culture, for a girl to be taken as a wife through “ukuthwala”, she had her female -hood tested/explored by young men, in order that when she starts puberty, her mothers, would then take her through the “intonjane” initiation process. After this “intonjane” initiation, then it’s the right of young men to enact the “ukuthwalwa” of that girl. “That process then my mother; had nothing to do with age. It depended on when the girl underwent the “intonjane” initiation as arranged by the parents, her mothers, and her extended aunts and grand- mothers. Eh, that is how culture is/works”, said the chief. The practice of ukuthwala is however inconsistent with the UN Declaration of Human Rights, which states in Article 16 (2) that: “Marriage shall be entered into with the free and full consent of the intending spouses.” This MUST be respected and upheld.
  • 13. RWM Rural Women’s Movement Facts on Women’s Rights In the South African Constitution (1996) Cap 2: The Bill of Rights: Article 9 Equality: (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to pro- tect or advance persons, or categories of persons, disad- vantaged by unfair discrimination may be taken. (3) The state may not unfairly discriminate directly or in- directly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or so- cial origin, colour, sexual orientation, age, disability, reli- gion, conscience, belief, culture, language and birth. (4) No person may unfairly discriminate directly or indi- rectly against anyone on one or more grounds in terms of subsection (3)... (5) Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the dis- crimination is fair. 10. Human dignity-Everyone has inherent dignity and the right to have their dignity respected and protected. Convention on the Elimination of All Forms of Discrimination against Wom- en New York, 18 December 1979 Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; Article 14 1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sec- tors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas. 2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementa- tion of development planning at all levels; (b) To have access to adequate health care facilities, including information, counseling and services in family planning; (c) To benefit directly from social security pro- grammes; (d) To obtain all types of training and education, for- mal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency; (e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment; (f) To participate in all community activities; (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes; (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water sup- ply, transport and communications. Also read: Declaration on the Elimination of Violence against Women, Proclaimed by General Assembly resolu- tion 48/104 of 20 December 1993
  • 14. RWM Rural Women’s Movement Article 16 (2) of the UN Declaration of Human Rights emphasizes that: “Marriage shall be entered into only with the free and full consent of the intending spouses.” The Practice of ukuthwala is therefore a blatant violation of this provision and must be outlawed. Rural Women’s Movement (RWM) 38 Valley Road, Sea Cow Lake, Durban, South Africa Tel: +27 (0) 31 579 4559 Fax: +27 (0) 31 579 4559 E-mail: rwmkzn@telkomsa.net