34
each other under customary law; and (c) the marriage must be negotiated and
entered into, or celebrated, in accordance with customary law. S 3(3)(a)
stipulates that if either of the prospective spouses is a minor, both his or her
parents, or if he or she does not have parents, his or her legal guardian, must
consent to the marriage. S 3(4)(a) confers on the Minister the power to grant
permission to a person under the age of 18 years to enter into a customary
marriage if he or she considers such marriage to be desirable and in the
interests of the parties in question, where either prospective spouse is below
the age of 18 years. However this does not relieve the parties to the proposed
marriage of their obligations to comply with all other requirements prescribed
by law).
[67]
S 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4
of 2000 prohibits unfair discrimination against any person on the ground of
gender, including: (a) gender-based violence; and (b) any practice, including
traditional, customary or religious practice, which impairs the dignity of women
and undermines equality between women and men, including undermining the
dignity and wellbeing of female children.
[68]
South Africa has also signed and ratified a number of international
conventions and protocols:
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