The Constitutionality of Ukuhlola: A South African Cultural Practice

Abstract

The South African Human Rights Commission (SAHRC) as one of the chapter 9 state institutions supporting Constitutional democracy is mandated amongst others to promote respect for human rights and cultural practice. It also promotes the protection, development and attainment of human rights. It is within this mandate that the Human Rights Commission has observed the debates surrounding the prohibition of Ukuhlola (virginity testing) in the Children’s Bill. Ukuhlola has been historically regarded as a necessary social tool to bring pride amongst virgin girls, the parents and community as a whole. Ukuhlola is still practiced in some of the communities in South Africa, in particular Nguni communities. Ukuhlola culture originated from Zulu culture and is prevalent mostly in KwaZulu-Natal Province. The motive was to receive the full lobola (the eleventh cow). Ukuhlola practice faced out during the past century, but has made a come back in various areas of South Africa including Kwazulu-Natal in recent years. South Africa’s Moral Regeneration Movement3 has decided to urge the return of ukuhlola of teenage girls as a tool to fight against women abuse, teenage pregnancies and HIV& AIDS