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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