(2017) 1 African Human Rights Yearbook
15
domestic violence.45 This social attitude compromises the woman’s
right to make independent decisions and to exercise control over her
sexuality and her reproductive capacity. After a critical study of that
institution, feminist literature is unanimous that dowry or bride price is
oppressive because it positions women in an oppressive institution
(dowry/bride price) and is an enabler of women’s vulnerability to
abuse.46
A significant negative effect of bride price is that it entrenches the
inequality between men and women. Even in the context of marriage,
some women enter into it as an unequal and dependent partner who is
assumed to be physically weak. Another negative effect of bride price is
that in some cases it reduces the woman in the eyes of the man to an
object. This objectification of women predisposes them to violence by
men, including killing. This is especially so when women are objectified
as ‘sex pets’ in pornographic and prostitution settings, as sex slaves, or
as subjects of human trafficking. However, it has been argued that
claims of increase vulnerability because of the payment of bride price
have not always been substantiated by research47 and that there is no
necessary correlation between domestic violence and bride price.48
3.3
Inadequate legal, social, political, and economic
protection
To a large extent, statutory and customary law inhibit women’s access
to certain essential resources and to public office. It also nurtures in
some ways the fertile ground for social attitudes and behaviours that
are oppressive to women in many settings. Land in Africa continues to
be an important resource upon which the State’s agricultural and
subsistence-based economy depends. But it is difficult for women in
some countries, particularly under customary land law tenure systems,
to access land in their own right. In Swaziland, for example, a woman
can access land use only through a male relative. This is not only a
major contributing factor to poverty,49 especially among rural women,
it also increases women’s vulnerability to violence and deprivation.
Lack of control over resources by women generates a culture of
economic dependence on men. This situation further exposes women to
poverty and to risks of fatal assault.
45
T Bennet Customary law in South Africa (2004) 235; E Curran & E Bonthuys
‘Customary law and domestic violence in rural South African communities’ (2005) 21
South African Journal on Human Rights 607 617.
46
MR Cutrufelli Women of Africa: roots of oppression (1983); M Hay & S Stichter
(eds) African women south of the Sahara (1984); Okin (n 33 above).
47
Bonthuys & Albertyn (n 25 above) 176.
48
L Mbatha The content and implementation of the Recognition of Customary
Marriages Act 120, 1998: a social and legal analysis (unpublished LLM dissertation:
Wits University 2006) paragraph 3.5.2 cited in Bonthuys & Albertyn (n 25 above) 176.
49
JC Mubangizi ‘An African perspective on some gender-related cultural practices that
violate human rights and perpetuate women’s poverty’ (2016) 47 Journal of Social
Sciences 68-78.