37
68.8 The Addis Ababa Declaration on Ending Child Marriage in Africa of
11 April 2014, prepared by the African Committee of Experts on the
Rights and Welfare of the Child (ACERWC) under the auspices of the
African Union.
[69]
There is accordingly an abundance of clear authority to the effect that child
trafficking, and any form of child abuse or exploitation for sexual purposes, is
not to be tolerated in our constitutional dispensation. This is furthermore borne
out by the provisions of s 51 as read with Part 1 of Schedule 2 of Act 105 of
1997 to which we refer hereunder.
Submissions of the parties and the Amici Curiae
[70]
In August 2009, the South African Law Commission (the SALRC) was
requested by the Gender Directorate in the Department of Justice and
Constitutional Development to include as a priority in its law reform program
an investigation into the practice of ukuthwala.12 The SALRC requested that
the following aspects be included in the investigation: the impact of ukuthwala
on the girl child; the appropriateness, and the adequacy, of the current laws on
ukuthwala; and whether or not the laws upheld the human rights of the girl
child (taking into consideration the principle of “the best interests of the
12
Affidavit filed by Professor Ronald Thandabantu Nhlapo deposed to in his personal capacity and in support
of the submissions of the fourth, fifth, sixth and seventh applicants, page 6 of the record.
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