LME3701
ASSIGNMENT 3 SEMESTER 2 2024
, lOMoARcPSD|21997160
LME3701 Assignment 3 Caitlin
Legal Research Methodology (University of South Africa)
, lOMoARcPSD|21997160
Analysis of the Legal Frameworks for Combating Child
Marriage in South Africa and Nigeria
By
LME3701 STUDENT
CAITLIN DARNELLE MARILDENE VAN WYK
(Student number: 65573773)
Submitted in partial fulfilment of the requirements for
the degree.
LLB.
In the SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
(ASSIGNMENT NUMBER 02)
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
Supervisor: Prof L. Pienaar
2023
Table of Contents
1. INTRODUCTION...................................... 3
2. PROBLEM STATEMENT............................5
3. HYPOTHESIS.........................................6
4. POINTS OF DEPARTURE AND ASSUMPTIONS 6
5. CONCEPTUALISATION OF CENTRAL RESEARCH
................................................................. THEMES 7
6.1 Child Marriage as a Cultural Practice ............7
6.2 Constitutional Rights and Children's Rights ...7
6.3 Comparative Analysis of Legal Frameworks ...7
6. PROPOSED CHAPTER OUTLAY ..................8
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
7. PROJECTED TIME SCALE .........................9
8. DESCRIPTION OF PROPOSED RESEARCH ......
METHOD ………………………………………………..9
9. CONCLUSION .......................................11
10.BIBLIOGRAPHY ....................................12
10.1 Cases and Journal Articles ......................12
10.2 Legislation ........................................12
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
INTRODUCTION
This research aims to provide a comparative analysis of the legal frameworks in
South Africa and Nigeria, with a particular emphasis on the protection of children's
rights. The Children's Act of 2005 in South Africa and the Child's Rights Act of 2003
in Nigeria provide legislative frameworks for the protection of children's rights,
including the prevention of child marriage (Children's Act, 2005; Child's Rights Act,
2003).1 However, the implementation of these laws is often impeded by cultural
practices and traditions, leading to the persistence of child marriage (Nussbaum,
2016).2
This study looks into the legal frameworks in South Africa and Nigeria for combating
child marriage, with a focus on constitutional rights that are crucial in the debate over
cultural practices and children's rights. The study falls under the purview of
comparative law and investigates the legal frameworks of two countries in order to
identify areas for legal reform and effective intervention strategies. To provide a
comprehensive understanding of the issue, this research will examine the legislative
framework, case law, law reform commission reports, and scholarly writings.
According to UNICEF, child marriage is a global problem affecting 12 million girls
every year, with Africa having the highest rates of child marriage (UNICEF, 2018).3
Child marriage is a serious violation of human rights that continues to exist despite
legislative efforts. The cultural practices that contribute to child marriage, such as
Ukuthwala in South Africa, often conflict with the rights of the child, including their
right to education, health, and protection from harm (Tshivhase 2018).4
1
Children's Act, 2005; Child's Rights Act, 2003
2
Nussbaum, M. (2016). Child marriage and the law. In A.
Sharma (Ed.), The international law of human trafficking (pp.
Downloaded by Thomas Mboya ()
ASSIGNMENT 3 SEMESTER 2 2024
, lOMoARcPSD|21997160
LME3701 Assignment 3 Caitlin
Legal Research Methodology (University of South Africa)
, lOMoARcPSD|21997160
Analysis of the Legal Frameworks for Combating Child
Marriage in South Africa and Nigeria
By
LME3701 STUDENT
CAITLIN DARNELLE MARILDENE VAN WYK
(Student number: 65573773)
Submitted in partial fulfilment of the requirements for
the degree.
LLB.
In the SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
(ASSIGNMENT NUMBER 02)
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
Supervisor: Prof L. Pienaar
2023
Table of Contents
1. INTRODUCTION...................................... 3
2. PROBLEM STATEMENT............................5
3. HYPOTHESIS.........................................6
4. POINTS OF DEPARTURE AND ASSUMPTIONS 6
5. CONCEPTUALISATION OF CENTRAL RESEARCH
................................................................. THEMES 7
6.1 Child Marriage as a Cultural Practice ............7
6.2 Constitutional Rights and Children's Rights ...7
6.3 Comparative Analysis of Legal Frameworks ...7
6. PROPOSED CHAPTER OUTLAY ..................8
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
7. PROJECTED TIME SCALE .........................9
8. DESCRIPTION OF PROPOSED RESEARCH ......
METHOD ………………………………………………..9
9. CONCLUSION .......................................11
10.BIBLIOGRAPHY ....................................12
10.1 Cases and Journal Articles ......................12
10.2 Legislation ........................................12
Downloaded by Thomas Mboya ()
, lOMoARcPSD|21997160
INTRODUCTION
This research aims to provide a comparative analysis of the legal frameworks in
South Africa and Nigeria, with a particular emphasis on the protection of children's
rights. The Children's Act of 2005 in South Africa and the Child's Rights Act of 2003
in Nigeria provide legislative frameworks for the protection of children's rights,
including the prevention of child marriage (Children's Act, 2005; Child's Rights Act,
2003).1 However, the implementation of these laws is often impeded by cultural
practices and traditions, leading to the persistence of child marriage (Nussbaum,
2016).2
This study looks into the legal frameworks in South Africa and Nigeria for combating
child marriage, with a focus on constitutional rights that are crucial in the debate over
cultural practices and children's rights. The study falls under the purview of
comparative law and investigates the legal frameworks of two countries in order to
identify areas for legal reform and effective intervention strategies. To provide a
comprehensive understanding of the issue, this research will examine the legislative
framework, case law, law reform commission reports, and scholarly writings.
According to UNICEF, child marriage is a global problem affecting 12 million girls
every year, with Africa having the highest rates of child marriage (UNICEF, 2018).3
Child marriage is a serious violation of human rights that continues to exist despite
legislative efforts. The cultural practices that contribute to child marriage, such as
Ukuthwala in South Africa, often conflict with the rights of the child, including their
right to education, health, and protection from harm (Tshivhase 2018).4
1
Children's Act, 2005; Child's Rights Act, 2003
2
Nussbaum, M. (2016). Child marriage and the law. In A.
Sharma (Ed.), The international law of human trafficking (pp.
Downloaded by Thomas Mboya ()
