RRLLB81
Assignment 2 Semester 2 2025
Research Report
The Constitutional disparages in arranged marriages for
disabled persons
Due Date: September 2025
The Constitutional disparages in arranged marriages for disabled persons
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
Terms of use
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
The Constitutional disparages in arranged marriages for disabled persons
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
ABSTRACT
This research examines the constitutional and legal challenges surrounding
arranged marriages for persons with disabilities in South Africa. Central to the inquiry
is whether a mentally disabled person can give valid consent to marriage, given that
marriage is both a contract and a personal decision. The research explores
constitutional values of dignity, equality, and freedom of choice, alongside statutory
provisions in the Marriage Act 25 of 1961, the Recognition of Customary Marriages
Act 120 of 1998, and the Mental Health Care Act 17 of 2002. Case law, such as
Prinsloo’s Curators Bonis v Crafford and Prinsloo (1905) TS 669 and Martinson v
Brown 1961 (4) SA 109 (C), highlights how courts address legal capacity and
consent. International instruments, including the Convention on the Rights of
Persons with Disabilities, provide further guidance. The findings emphasise that
constitutional principles demand protection of the autonomy and dignity of persons
with disabilities, limiting the validity of arranged marriages without free and informed
consent.
KEYWORDS
Arranged marriages
Consent
Disability rights
Legal capacity
South African constitutional law
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 2 2025
Research Report
The Constitutional disparages in arranged marriages for
disabled persons
Due Date: September 2025
The Constitutional disparages in arranged marriages for disabled persons
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
Terms of use
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
The Constitutional disparages in arranged marriages for disabled persons
By
[RRLLB81 STUDENT]
(012345678)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: PROF MM MONYAKANE
RRLLB81 ASSESSMENT 2 / FINAL PORTFOLIO
(DUE DATE: September 2025)
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
, +27 67 171 1739
ABSTRACT
This research examines the constitutional and legal challenges surrounding
arranged marriages for persons with disabilities in South Africa. Central to the inquiry
is whether a mentally disabled person can give valid consent to marriage, given that
marriage is both a contract and a personal decision. The research explores
constitutional values of dignity, equality, and freedom of choice, alongside statutory
provisions in the Marriage Act 25 of 1961, the Recognition of Customary Marriages
Act 120 of 1998, and the Mental Health Care Act 17 of 2002. Case law, such as
Prinsloo’s Curators Bonis v Crafford and Prinsloo (1905) TS 669 and Martinson v
Brown 1961 (4) SA 109 (C), highlights how courts address legal capacity and
consent. International instruments, including the Convention on the Rights of
Persons with Disabilities, provide further guidance. The findings emphasise that
constitutional principles demand protection of the autonomy and dignity of persons
with disabilities, limiting the validity of arranged marriages without free and informed
consent.
KEYWORDS
Arranged marriages
Consent
Disability rights
Legal capacity
South African constitutional law
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.
