REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA between women and men, including the undermining of the dignity and well-being of the girl child.” 164. “Ukuthwala” is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling the girl or young woman’s family to endorse marriage negotiations. Ukuthwala was traditionally intended for people of the same age group who, in the normal course of events, would have been expected to marry each other and never intended to apply to minor children. However, forced marriage of girls as young as 12 to adult men, is still practiced in some remote villages in in the country. In most circumstances, victims maintain silent acceptance and tolerance of the practice. The Commission for Gender Equality commissioned a study on “Ukuthwala in KwaZulu-Natal: an investigation into state prevention and responses” in 2012. The CGE in its concluding remarks commended the Office of the Premier for initiating research into the extent of harmful traditional practices in the province, as well as the Department of Social Development’s outreach and awareness interventions, including their response to individual cases and support for victims of Ukuthwala. The CGE also acknowledged the positive measures put in place by the Department of Education and commend Provincial Cabinet Leadership for its endeavours in calling for collaboration between departments and civil society organizations to support children at risk. 165. In February 2012 a man was brought before the Wynberg Regional Court, in the Western Cape, and charged with rape, human trafficking and assault because of an ukuthwala kidnapping. This case was finalized early 2014 where it recognised this practice as harmful to women and young girls, including trafficking and rape of the minor girl. The 22 year sentence handed down shows that the country will no longer tolerate such adverse practices that violent women’s rights and dignity. 166. Other cultural practices include virginity testing and the practice of female genital mutilation amongst certain populations. The approach that is adopted is an overarching advocacy strategy, awareness raising, rights education and awareness of legal measures that can be taken. The strategy also incorporates an investigative element to determine the extent of the problem. The South African Law Reform Commission has been requested to investigate and recommend advice on legislation that will prohibit these practices. 167. Female genital mutilation and virginity testing is expressly prohibited and regarded as a form of gender discrimination in South Africa. The relevant legislation in this regard is the Equality Act, 2000361 and the Children’s Act, 2005.362 The Children’s Act, 2005 prohibits virginity testing of children under the age of 16. A child older than 16 may undergo virginity testing on three conditions: (a) she has given consent to the testing in the prescribed manner; (b) after she has been properly counselled; and the testing is conducted in the manner prescribed. The results of virginity testing may not be disclosed without the consent of the child. In addition, the body of the child who has undergone virginity testing may not be marked. 361 362 Act No. 4 of 2000 Act No. 38 of 2005 180