Investigating the planned prohibition of child marriage in South Africa against children's evolving capacity to consent

Abstract

This mini dissertation considers the proposed law reform in South Africa but also refers extensively to the Zimbabwean case of Mudzuru & Another v the Minister of Justice, Legal and Parliamentary Affairs & 2 Others AR579/2019, and how both these countries have aimed at regulating the age of marriage to eighteen years.

While it may be correct that children ought to be protected against harmful practices perpetuated by child marriage, especially where consent is lacking, there are however instances where children below the age of 18 may choose to get married, but due to stringent measures may not be able to so. This mini dissertation explores the apparent tensions between the recognition of children’s evolving capacity and their growing autonomy on the one hand, with the need to protect them from the harmful effects of child marriage