SERIOUS BREAKDOWN IN BANTU MARRIAGE CUSTOMS | TNDER Bantu tribal con- ditions, m arriage w as a clearly recognised institution. Adultery and prostitution now social Norms Housing Drive urged as first step to restore Som e tribes, such as the Zulu, family life. allow ed a peculiar fo rm o f p re m arital sexual in tercourse and others, such as the Basuto, By L. I. VENABLES frow n ed on all fo rm o f inter course although a g ood deal took “ D ISINTEGRATION of Bantu character so serious as to demand place. N o tribe recognised illicit far-reaching long-term remedial measures on a national basis," was unions or allow ed a m an to live w ith a w om an to w hom he w as discussed by a leading authority on Native administration, Mr. L. I. Venables, the manager of the Non-European Affairs Department of the n ot married. Johannesburg Municipality, in an address last wee\ to the Native Affairs The institution o f m arriage w as generally regarded as essential Committee of the Johannesburg Rotary Club. Mr. Venables was spea\ing fo r the legitim ate living togeth er on “ Marriage Amongst the Natives,” and THE FORUM considers his o f a m an and w om an and the warning to be of such urgency that we publish the address in full. form ation o f a com m on house hold and fo r the legitim ate p r o herents o f the chu rch concerned hold goods. The bride’s brother creation o f children. The essen resort to various stratagem s to is also expected to assist w ith the tials o f the m arriage w ere In the circu m vent it, e.g., the m an ’s education, initiation and possibly provide the bride’s even m arriage o f her children. first case agreem ent betw een the parents parents o f the m an and girl. In parents w ith a sum o f m on ey m any tribes the agreem ent, con su fficien t to purchase the requi T P H E third essential is a public sent or w ishes o f the couple site num ber o f cattle o r the m a n ’s cerem ony a t w hich the m a r them selves w ere quite im m aterial fa m ily drives the cattle in to the and the m arriage w as arranged bride’s place under cover o f dark riage is form a lly and publicly by the parents concerned, usually ness. solem nised. A m o n g all southern with, but often w ithout, any The recip rocal obligation o f the Bantu tribes this is held at the reference to the preferen ces o f bride’s fa m ily is to provide the bride’s village. The "lo b o la ” their children. O f recent years, m arriage fea st and to provide the cattle, or as m an y o f them as however, g rea ter em phasis has bride w ith her trousseau, blan have been paid, are paraded. The been placed on the personal kets, pots, pans and oth er house bride’s people provide a special wishes o f the couple concerned, in the m a jority o f cases n egotiations betw een the parents take place only a t the instigation o f one or other o f the couple. F ailing a father, negotiations w ould take place betw een the elder m ale relatives o f the fam ilies. A 'T 'H E second essential w as the provision o f cattle, com m on ly know n as “ lob ola” o r “ bohadi,” supplied b y the g ro o m ’s fa m ily to the bride’s. In m ost tribes the am ount o f the cattle and other stock to be provided w as fixed at a constant figure. B u t in the case o f w ealthy o r im portan t fam ilies a higher am ount than the usual m igh t be dem anded or given. In the case o f p oor fa m i lies, although the usual am ount w ould be agreed upon, the fu ll paym ent o f this am ount w ould n ot be attem pted o r insisted upon. Several M ission organisations a t tem pted to prevent this custom as they erroneously regarded the exchange o f cattle as reflecting purchase and sale o f the girl. S o deeply em bedded is this custom how ever that this prohibition has taet w ith little success and ad ‘’'PATIEN T PUZZLE W ORKERS.” — The Loiiisville Courier Journal. beast, w hich is ritually slaugh tered, and the bride and bride g room are form a lly joined tog eth er b y som e rite, such as w ashing their hands w ith the bile o f the slaughtered beast. There a fter both parties join in feasting and celebration. O w ing to the shortage o f cattle and grow in g pov erty o f the people, various m odifications occu r in tribal life and in very m any cases the couple are allow ed to live togeth er and are regarded as m an and w ife before the fu ll am ount o f the cattle has been paid and before the actual w edding cerem ony takes place. But, in such cases, agreem ent betw een the parents is essential and paym en t o f som e part o f the “ lob ola ” cattle w ill usually be required. The g irl is also publicly received b y her husband’s people b y a sm all rite w hich pu blicly indicates that she is accepted as a daughter-in-law. Should a man take an un m arried g irl to live w ith him w ith ou t her parent’s consent he w ill be liable to be sued fo r abduction or seduction. In m any tribes the penalty fo r this is con siderable. Should he persist in living w ith the girl the penalty w ill be increased. Binding Contract In tribal life m arriage w as a serious and binding con tra ct both betw een the m an and his w ife and betw een their respective fam ilies. I f difficu lties occu rred between the man and his w ife, their parents and other senior kinsfolk w ere expected to try and sm ooth the difficu lties out and bring pressure to bear on them to live at peace w ith each other. It was on ly in extrem e cases that di vorce w a s allow ed. B oth parties w ere usually extrem ely reluctant to perm it divorce as this m ight m ean either th at the m an’s fam ily w ould lose all righ ts over any children o f the m arriage o r if th ey insisted on keeping the children, th ey w ould n ot be able to g e t the "lo b o la ” cattle back. Conversely, the w ife ’s fam ily stood to lose the "lo b o la ” cattle, w h ich they m igh t have to refund i f the w ife w as in the w ron g. The on ly recognised ground fo r divorce w as clear, deep-heated personal antipathy betw een the people n ot m arried, the com plainant w as the w om an, w hile in on ly 24 cases the m an lodged a com plaint. In 108 instances out o f 185 cases o f extra-m arital unions, the result w as the break up o f the hom e and the separation o f the parties. O f the 200 unions under review there w ere 98 children, w hose ultim ate fa te as a result o f the inevitable breakup o f the hom e is a t least v ery un certain.” m f n and his w ife— an antipathy whici'"'-often m anifested itself in accusations o f sorcery. A du ltery on the pprt o f the m an w a s n ot c o n s id e r s an offence to w hich the w ife could take exception, but the husband could punish his w ife’s adultery by beating her. A M E A S U R E o f the strength o f the m arriage ties and o f its nature as a bond betw een the tw o fam ilies is given b y tw o w idespread custom s known the as F igu res extracted fr o m the records o f one o f the la rger lo c a tions fo r a particu lar period o f six m onths, revealed that 64.71 per cent, o f the live births regis tered w ere registered as illegiti m ate. generally sororate and levirate custom s. The w om an ’s fam ily w as expected to provide a man and his fam ily w ith a g ood housewife and w ith a fertile w om an w ho would be able to bear him children. Should she die soon after m arriage leaving no issue her people w ere expected to provide her youn ger sister or a niece as a substitute w ife w ith out fu rther “ lobola” paym ent. Should she die fa irly young and after having produced children her sister w ould take her place and “ lobola” o f h a lf the usual am ount would be paid b y her husband. The levirate custom m eans that should the husband die, the w om an is not regarded as being free to m arry again but has to continue to live w ith h er hus band’s people, and if she is still young, be accessible to her hus band’s younger brothers, by w hom she w ould bear children in her husband’s name. D O T H these custom s are, how ever breaking dow n in the rural areas. The first one is n ot being observed, as the w om an ’s people are reluctant to provide a second w ife w ithout further com pensation. T o guard against such potential reluctance som e fam ilies w ithhold the fu ll p a y m ent o f “ lobola” until one or m ore children have been born o f the m arriage. The second custom is breaking down, m ainly because a w om an does n ot w ish to be attached to a fam ily and be forced to live w ith brothers-inlaw w hom she m a y n ot like pa r ticularly. She prefers instead to live alone or to find a lover or new husband o f her ow n choice. A n oth er reason fo r the break dow n is that the N ative areas are becom ing so poverty-stricken that the m aintenance o f a w idow and possibly her children is a burden that m any m en are anxious to shirk. ¥N his w ork on “ The L ife and Custom s o f the A m a -X osa ,” J. S. S og a says o f “ G OO D Y! the old N ative ty p e o f m arriage, com m on ly know n as N ative cus tom ary union, is still recognised and in N atal legal provision has been m ade fo r the registration o f such unions. There are now tw o oth er form s o f m arriage— religious and civil. R eligiou s m arriages are those w here the parties are m arried in a church to w hich one o r oth er o f the parties belong. Those churches that have been r e co g nised b y the G overnm ent have officially-appoin ted m arriage officers. The m arriages solem nised b y such officers are leg ally valid, are registered and can on ly be dissolved b y ju dicial decree o f a com peten t court. W h ere the m arriage cerem ony is perform ed by a priest w ho is n ot recognised as a m arriage officer, w hether he belongs to a recognised church or not, such m arriage is n ot legally valid. Chief's Consent Civil m arriage is th a t per form ed in a m a gistrate’s court or b y a civil m arriage officer. In both religious and civil m a r riages, the m arriage has to con form w ith the ordinary European law s o f the country. B anns have to be called o r a special licence taken out. The m a rital status o f the parties concerned has to In m any parts o f South A fr ic a be The Forum, January 22, 1949 carefully ascertained “ lob ola” (an essential concom itan t o f N ative cu stom a ry unions) “ T h e Bantu in stitu ted the custom o f ‘lob ola ’ to preserve fa m ily and tribal life.” H e claim s that in no coun try, civilised o r uncivilised, is there an y custom so pow erfu l to secure the status of the r V E L O S T A N O U N C E .” m arried w om an and to p rotect — The New Yor\ Times. her fr o m ph ysical abuse. and I t is regrettable th a t the w here possible the consent o f the N a tiv e cu stom ary union in its parties’ C h ief and paren ts o b traditional fo rm is fa s t disap tained. pearin g fro m N ative urban life. T riba l sanctions are also rapidly fa llin g in to disuse, as is evidenced ’T 'H E N ative Com m issioner estib y the in stability o f sex relation m ates that rou gh ly h a lf o f ships; the h igh divorce rate; the the leg al m arriages in Johannes decay o f the sense o f responsi bu rg are civil and h a lf religious. bility fo r w om en and children o f W e have n o accu rate figures o f the com m u n ity; the breakdow n o f au th ority w ithin the fam ily the proportion o f m arriages b y grou p ; and the inevitable increase N ative cu stom a ry union to those in general lawlessness and ju ven b y religious o r civil rites. The ile crim e. In these circum stances Senior Superintendent o f Orlando it is n ot surprising th at urban says th at in hia experience, 40 N ative youths in m ost cases have per cent, o f the "m a rria g es” in no lo y a lty to their parents and Johannesburg L ocation s have do n ot ob ey them. T h ey often been con tra cted a ccord in g to consider the older generation as N ative custom , 10 p er cent, b y uneducated barbarians. M oreover Christian o r civil rites, w hile 50 th ey have n o loy a lty to the E u ro per cent, o f the couples are n ot pean n o r do th ey fo llo w the European code. W e therefore m arried bu t ju st live together. have the special problem o f w hat m igh t be described as a "m a r Living Together ginal” you th w ho is on the frin g e One o f the R an d L ocation o f both cultures, bu t has resolved neither to his ow n satisfaction. Superintendents reported th at “ ou t o f 200 cases o f dom estic disputes brou gh t b e fo re me, in Social Conditions 129 cases the person s w ere In surveyin g the social condi m erely livin g togeth er. The lon gest period o f such relation tions under w hich N atives live ship w as 16 y ea rs and there w ere in an industrial area such as several o f 8, 7, and 6 y ea rs’ dura Johannesburg the question arises tion. The average period, h ow w hether m arriage as an insti ever, w as a p proxim a tely 2 tution has n ot lost its influence years, sh ow in g the essentially and significance in urban N ative tem p ora ry nature of such unions. life. W h a t can w e do to m eet In 84 cases of those Involving this situ ation ? Page IS In France it s iiSante ” .. In considering rem edies, w e tion as fa r as the adults are con m igh t prudently seek the causes. cerned; unhealthy atm ospl' re for A m on g st these I w ould m ention: children; and th at y ou n g couples are forced to live w ith in-law s 1. M IG R A T O R Y LA B O U R . and oth er relations. In 1936 overall m asculin ity in Closely related to the problem Johanesburg w as 357, i.e., 357 m ales to 100 fem ales. This had o f housing is that o f poverty. a tw o-w a y effect— (a ) In urban In its “ Bantu B u dgets” the In areas: C oncentration o f m ales stitute o f R a ce R elations esti w ith sca rcity o f fem ales— conse m ates the essential minim um ex quent breakdow n in sexual penditure fo r a fam ily o f five m orality, (b ) In rural areas: in Johannesburg as £12 18s. 6d. D eserted w ives tend to prom is per m onth, against an average cuity, so that the divided fa m ily fa m ily incom e o f £9 18s. Id.— a tends to b reak dow n first o f all m on th ly incom e deficiency of £3 Os. 5d. O nly too often illegal in the rural area. o r im m oral m eans are found to It is pleasing to recall that the be the m ost practical w a y o f last census taken in 1946 indi bridgin g the gap betw een incom e cates an im provem en t in the and the cost o f living. m asculin ity in Johannesburg. The figure, exclu din g m ine N atives, Housing w as about 105. The fa c ts disclosed in this article indicate a disintegration Public Opinion o f Bantu ch aracter so serious as 2. B R E A K D O W N O F T R IB A L to dem and far-rea ch in g long-term A F F IL IA T IO N S . M oral pres rem edial m ea su res.on a national sure o f the rural patriarch al basis. It is obviou sly im pra ctic grou p has fallen aw ay. Kinship able fo r one individual in a short bonds m u st alw ays fa ll or w eaken discussion to offer a com plete w hen th ey are n ot supplem ented solution to one o f the m a jor b y territorial bonds. F ollow in g problem s fa c in g South A frica. inadequacy of housing; on from the breakdow n o f tribal The affiliations is the la ck o f public p ov erty; and the need o f educa opinion w hich condem ns irregu tion (in the broadest sense) are lar unions, im m orality, etc. Let im portan t fa c to r s in this situa m e quote fro m E llen H eilm an’s tion. “ R o o iy a r d ” : “ A ll th e m en in the Y ard have sw eethearts. I see plen ty o f strange m en com e to the Y ard— the w om en sleep w ith them. This happens in the daytim e when the husbands are aw ay. A ll the w om en m ake a business o f it— n obod y tells the husbands.” but in South Africa irs “ Gesondheid” W IT H It is obviou s that in an environ m ent w here adultery, illegitim acy and prostitution, even i f n ot com pletely condoned, are accepted as social n orm s and w here "lo b o la ” is regarded as paym ent, the foundations o f m arriage m ust in evitably totter. The m ost practical resolution I can su ggest is th a t the attention o f the M inisters o f (1 ) Native A ffa irs and (2 ) H ealth, E du ca tion and Social W elfa re be invited to the serious consequences to European and N ative social life o f the g ross inadequacy o f hous ing fo r N atives in U rban in dustrial areas. 3. L O B O LA . A ll the authorities agree that the fu n ction of “ lob ola” is changin g fr o m a con tr a c t to a com m ercial arran ge ment, i.e., the A frica n con cep tion o f “ lob ola” as a guarantee o f equilibrium is c h u ig in g to that o f a purchase price. Complications THE BEST OF GOOD BRANDIES 4. O V E R C R O W D IN G D U E TO IN A D E Q U A C Y O F H OUSIN G. U nder presen t overcrow ded con ditions, n orm al m arried life, especially fo r you n ger people, is im possible. Com plications are cohabitation w ith ou t privacy, inevitable fr ic “ C R U M B LIN G D Y K E .” — The Sacramento Bee. 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