14
Anyangwe/Extrajudicial killings of women in Africa
decisions or access resources such as land, movable property, and
money in their own right.
In some cases, culture condones wife-beating as a disciplinary
measure against an ‘erring’ wife. Wife-assault sometimes results in
death. This very controversial culture and condoned social habit,
perpetuates the problem of killing in intimate settings. There are other
cultural practices which are arguably harmful under human rights law
and which are considered a further manifestation of the subjugation
and objectification of women. Polygamy; sororate or levirate
marriages; bride price; sexual cleansing; widow inheritance; labia
elongation;41 female genital mutilation (FGM);42 and propertygrabbing43 are considered forms of violence against women and a
threat to their liberty and security alongside male-child preference
which is informed by the notion that male children remain in their natal
family and perpetuate the family name and lineage.
These cultural practices further reinforce male dominance and the
treatment of women in certain instances as ‘property’ that could
become expendable. Women’s unenviable inferior status and position
is compounded by the fact that in many contexts she has to acquiesce in
customary practices such as sororate, levirate, widow-inheritance,
sexual cleansing, and polygamy. This appears to be the case in some
countries in west, middle and east Africa. A woman who finds herself in
any of these situations or who is childless (even where it is not
demonstrated that the fault is from her) suffers mental anguish, low
self-esteem, and blames herself. She becomes vulnerable to further
abuse, including killing on suspicion of being a witch who offers her
children in vitro to or has entered into a pact with occult forces in
exchange for the art of wizardry.
Many scholars of African customary jurisprudence have argued
that the institution of ‘bride price’ does not signify the purchase of the
bride and ‘cannot be regarded in the same way as the rationalistic
purchase of a commodity’.44 The reality is that it is generally
understood as the latter and, in practice, it tends to promote the
perception and treatment of women as merchandise traded for money
or money’s worth, usually stock. In some settings men argue that
payment of bride price means they have ‘bought’ their wives. They then
use this argument to justify demands for wifely obedience or even
41
K Mwenda ‘Labia elongation under African customary law: a violation of women’s
rights?’ (2006) 10 International Journal of Human Rights 341; M Gelfand ‘Gross
enlargement of the labia minora in an African female’ (1973) 19 Central African Journal
of Medicine 101; J Williams ‘Labia elongation in the Shona’ (1969) 15 Central African
Journal of Medicine 165.
42
Okin (n 33 above); M Brady ‘Female genital mutilation: complications and risk of
HIV transmission’ (1999) 13 (12) AIDS Patient Care and Standards 709.
43
Mvula-Mwenda (n 40 above) 1; K Mwenda ‘Can secret trusts survive propertygrabbing?’ in KK Mwenda & DA Ailola (eds) Frontiers of legal knowledge: business and
economic law in context (2003) 414.
44 RC Thurnwald Black and white in East Africa (1935), cited with approval by Elias (n
39 above) 100.