Equal Age Set By Law For A Valid Message Essay example

1175 Words Dec 20th, 2014 null Page
Section 12(2)(a) prohibits the “giving out” in either marriage or engagement of a child below the minimum age set by law for a valid message” . A strict interpretation of this provision would prevent a charge under ukuthwala because the female child is technically taken from her parents. Even if lobolo is negotiated, the parents are supposedly forced into these negotiations after the abduction according to the traditional interpretation of ukuthwala.
Section 8 (d) of Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA) states that any practice including traditional, customary, or religious practice which impairs the dignity of women and undermines equality between women and men, including the undermining of the dignity and wellbeing of the girl child . The rights in PEPUDA can be enforced in the courts; there are specialized courts called Equality courts where the violation of all of these rights can be reported. Equality courts were made to be accessible to the marginalized people that PEPUDA aims to protect. The difficulty with bringing a charge in the Equality court is that very few legal aid groups are familiar with the courts, putting their clients at a disadvantage during litigation, the availability and quality of the courts are inconsistent, and the court staff including magistrates and clerks are overworked and do not receive adequate training in PEPUDA and Equality Court proceedings .
Sexual Offense Act Section 17 of the SOA prohibits the…

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