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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