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CULTURE CORNER: Determining The Legitimacy Of A Child – INHLAWULO

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According to SAFLII (Southern African Legal Information Institute) in South Africa, "the children born of unions not formalised by marriage have traditionally been described as 'illegitimate' children". This refers only to children born "from a union or relationship not solemnised by a legally recognised marriage ceremony." Back in medieval times, these children were considered illegitimate even if the parents got married later on. Additionally, children who were born during a marriage that was later annulled were also then considered illegitimate. In this conversation, we examine the practice of inhlawulo and its implications for establishing the legitimacy of a child from an African perspective. Inhlawulo refers to damages paid to the family of a woman who became pregnant out of wedlock by the father of the future child. Lerato Mbele is in conversation with cultural expert Mbuso Khoza.

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