28 and contested issue of ukuthwala under customary law. We are particularly mindful that the practice of ukuthwala has in recent years received considerable public attention and is the subject of much public debate, inasmuch as its current practice is regarded as an abuse of traditional custom and a cloak for the commission of violent acts of assault, abduction and rape of not only women but children as young as eleven years old by older men. These practices – under the guise of custom - have been described by several organisations as a “harmful cultural practice”.10 Legal framework [57] Before turning to the submissions of the parties and amici curiae, we set out, in broad outline, the relevant constitutional and legislative provisions, as well as relevant conventions and / or protocols to which South Africa is a signatory. [58] S 211(3) of the Constitution provides that: ‘The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.’ [59] S 28(1)(d) [in the Bill of Rights] stipulates that every child has the right to be protected from maltreatment, neglect, abuse or degradation; and s 28(2) that a child’s best interests are of paramount importance in every matter concerning 10 Submission made by the second amicus curiae, record p 652, para [12] with reference to their submission made to the South African Law Commission (SALC) – November 2009; and see Discussion Paper under Project.