LME3701 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED FINAL RESEARCH PROPOSAL WITH FOOTNOTES - HISTORICAL APPROACH- DISTINCTION GUARANTEED!)

LME3701 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED FINAL RESEARCH PROPOSAL WITH FOOTNOTES - HISTORICAL APPROACH- DISTINCTION GUARANTEED!) Get your DISTINCTION!!! Mark received for Assignment 2 was 86%!!!! This document consists of Assignment 3 being the FINAL RESEARCH PROPOSAL A HISTORICAL APPROACH OF THE LAW PERTAINING TO CHILD MARRIAGE (SPECIFICALLY THE PRACTICE OF UKUTHWALA) IN SOUTH AFRICA. You are a candidate attorney at a law firm specialising in child justice. You sit in in a consultation with your principal, where the client is the grandparent of a 14-year-old girl. The grandmother explains that they are originally from Nigeria and recently moved to South Africa as a family with her adult children and grandchildren. She believes there is more opportunity for the family and a bright future for their grandchildren. They were particularly concerned about the high rate of child marriages there and did not want their granddaughter to be a victim of that. The grandmother is, however, very concerned as her 14-year-old granddaughter has recently been taken to the home of a 42-year-old man who intends to marry her. She has been informed that this is a cultural practice in South Africa called Ukuthwala and that it is legal, and that none of her granddaughter’s rights will be violated. Despite her parents agreeing with the arrangement, the granddaughter does not want to marry the 42-year- old man. You are tasked with researching 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. The position on child marriages in Nigeria will also be relevant should you choose the comparative approach (see explanation below). Write a draft research proposal for a prospective post-graduate study on the topic setting out how the law deals with such issues. Focus on the legislative framework, law reform commission reports, case law and writings by scholars. Make sure to also focus on the relevant Constitutional rights that play a part in the debate on these issues. Write a : 2) Write the proposal using the historical research approach:- This means looking at the historical development of the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and legislation that might have contributed to the law as it stands today. You will also consider law reform commission reports. Writings by scholars can assist in interpreting the law and evaluating its application and effectiveness.