LME3701 ASSIGNMENT 2 SEMESTER 1 FOR 2023-
LEGAL RESEARCH METHODOLOGY. 90% AND
ABOVE. DISTINCTION GUARANTEED. QUALITY
WORK WITH FOOTNOTES AND BIBLIOGRAPHY.
, HISTORICAL DEVELOPMENTS OF THE LAW ON CHILD MARRIAGE AND,
SPECIFICALLY, THE PRACTICE OF UKUTHWALA IN SOUTH AFRICA, LOOKING
AT THE CONSTITUTIONAL RIGHTS THAT PLAY A ROLE IN THE DEBATE
SURROUNDING CULTURAL PRACTICES SUCH AS THESE
By
…………..
(……………)
Submitted in partial fulfilment of the requirements for the degree LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT 02, SEMESTER 01)
2023
,WORKING TITLE
Historical developments of the law on child marriage and, specifically, the
practice of ukuthwala in South Africa, looking at the constitutional rights that play
a role in the debate surrounding cultural practices such as these.
,TABLE OF CONTENTS
1. INTRODUCTION 4-
5
2. PROBLEM STATEMENT 5-
6
3. HYPOTHESIS 6-
7
4. POINTS OF DEPARTURE AND ASSUMPTIONS 7-8
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 8-
9
6. PROPOSED CHAPTER OUTLAY 9-
10
7. PROJECTED TIME FRAME 10
8. DESCRIPTION OF THE PROPOSED RESEARCH METHOD 11
9. PREPARATORY STUDY 11-
15
10. CONCLUSION
15
11. BIBLIOGRAPHY
16
, 12. ACADEMIC HONESTY AND DECLARATION FORM
17
1. INTRODUCTION
To give some background, Section 28(3) of the South African Constitution states that a
child is anyone who is less than the age of 18. 1 The majority of the laws in the South
African legislation on sexual offenses adhere to this notion of a child. The crime of
statutory rape or statutory sexual assault, however, can only be committed against a
child who is 12 years old or older and younger than 16 years old. In addition, in South
Africa, the minimum age for marriage is 15 for girls and 18 for boys (SA). Children are
protected from being forced into marriage by Section 12(2) of the Children's Act, which
states that a child may not be given in marriage or engaged without that child's
consent.2 As long as marriage ceremonies are conducted in accordance with rules
established by the relevant public bodies, the SA Constitution recognizes marriage
ceremonies conducted under any system. With written consent, the Minister of Home
Affairs may waive the "15 years of age" requirement for girls. In order to allow the
marriage of a girl as young as 12 years old, the Minister may also "authorise any officer
in the public service to offer written authorization on his behalf." The child's and parents'
or guardians' consent is essential to this process.
The Prevention and Combating of Trafficking in Persons Act 7 of 2013 emphasizes that
the child's consent is a requirement before a child marriage may be considered legal in
1
Constitution of the Republic of South Africa, 1996.
2
Children's Act 38 of 2005.
LEGAL RESEARCH METHODOLOGY. 90% AND
ABOVE. DISTINCTION GUARANTEED. QUALITY
WORK WITH FOOTNOTES AND BIBLIOGRAPHY.
, HISTORICAL DEVELOPMENTS OF THE LAW ON CHILD MARRIAGE AND,
SPECIFICALLY, THE PRACTICE OF UKUTHWALA IN SOUTH AFRICA, LOOKING
AT THE CONSTITUTIONAL RIGHTS THAT PLAY A ROLE IN THE DEBATE
SURROUNDING CULTURAL PRACTICES SUCH AS THESE
By
…………..
(……………)
Submitted in partial fulfilment of the requirements for the degree LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT 02, SEMESTER 01)
2023
,WORKING TITLE
Historical developments of the law on child marriage and, specifically, the
practice of ukuthwala in South Africa, looking at the constitutional rights that play
a role in the debate surrounding cultural practices such as these.
,TABLE OF CONTENTS
1. INTRODUCTION 4-
5
2. PROBLEM STATEMENT 5-
6
3. HYPOTHESIS 6-
7
4. POINTS OF DEPARTURE AND ASSUMPTIONS 7-8
5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES 8-
9
6. PROPOSED CHAPTER OUTLAY 9-
10
7. PROJECTED TIME FRAME 10
8. DESCRIPTION OF THE PROPOSED RESEARCH METHOD 11
9. PREPARATORY STUDY 11-
15
10. CONCLUSION
15
11. BIBLIOGRAPHY
16
, 12. ACADEMIC HONESTY AND DECLARATION FORM
17
1. INTRODUCTION
To give some background, Section 28(3) of the South African Constitution states that a
child is anyone who is less than the age of 18. 1 The majority of the laws in the South
African legislation on sexual offenses adhere to this notion of a child. The crime of
statutory rape or statutory sexual assault, however, can only be committed against a
child who is 12 years old or older and younger than 16 years old. In addition, in South
Africa, the minimum age for marriage is 15 for girls and 18 for boys (SA). Children are
protected from being forced into marriage by Section 12(2) of the Children's Act, which
states that a child may not be given in marriage or engaged without that child's
consent.2 As long as marriage ceremonies are conducted in accordance with rules
established by the relevant public bodies, the SA Constitution recognizes marriage
ceremonies conducted under any system. With written consent, the Minister of Home
Affairs may waive the "15 years of age" requirement for girls. In order to allow the
marriage of a girl as young as 12 years old, the Minister may also "authorise any officer
in the public service to offer written authorization on his behalf." The child's and parents'
or guardians' consent is essential to this process.
The Prevention and Combating of Trafficking in Persons Act 7 of 2013 emphasizes that
the child's consent is a requirement before a child marriage may be considered legal in
1
Constitution of the Republic of South Africa, 1996.
2
Children's Act 38 of 2005.
