‘Dzekiso wife’ custom is unconstitutional: VhaVenda Princess’ lawyer


Princess Masindi Mphephu’s Advocate, Alan Dodson has argued the customs of marrying a ‘Dzekiso wife‘ for the king is unconstitutional. In the Mphephu Ramabulana customs, a ‘Dzekiso wife’ – a wife married to bear an heir – is chosen by the ‘Khadzi’ or a selected aunt without the consent of the king.

Advocate Dodson says the Dzekiso wife is imposed on a king.

He’s cross-examining a customary law expert, Zamokuhle Mopai in the Vhavenda throne battle in the High Court in Polokwane, Limpopo.

Masindi is challenging her uncle, former king, Toni Mphephu Ramabulana for the throne.

‘The third and final reason is that what you said in paragraph 22 is constitutional. It is not consistent with the right to bodily and physiological integrity, including the right to make decisions concerning reproduction and the right to security and control over one’s body. That is in breach of section 12 2a and b of the constitution,” says Dodson.

Meanwhile, Mopai has argued that a woman chosen to be a Dzekiso wife can refuse the role.

“No, on her side she cannot be imposed on, because it is also a process that must be negotiated with her family,” says Mopai.

Dodson: Can she refuse? Is consent critical?

Mopai: Yes, she can refuse to be taken.

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