33 legislature’s attitude towards trafficking in compliance with South Africa’s international obligations. S 4(2) creates as a separate offence, a person concluding a forced marriage for the purpose of exploitation of a child or other person. S 11(1)(a) stipulates that consent of the other person is no defence. S 13 imposes hefty penalties including life imprisonment (subject to s 51 of Act 105 of 1997). S 14 lists the ‘aggravating factors’ that a court must consider in sentencing (in addition to any other factors) and include: (a) whether the victim was held captive for any period; (b) whether the victim suffered abuse and the extent thereof; (c) the physical and psychological effects the abuse had on the victim; and (d) whether the victim was a child. ‘Forced marriage’ is defined as ‘a marriage concluded without the consent of each of the parties to the marriage’, but ‘marriage’ itself is not defined. [65] The Recognition of Customary Marriages Act 120 of 1998 (‘RCMA’) was enacted to recognise customary marriages in accordance with South Africa’s constitutional obligation, and contains mandatory requirements for a valid customary marriage11. [66] S 3(1) lists these three requirements, namely that: (a) the prospective spouses must both be over the age of 18 years; (b) must both consent to be married to 11 The preamble records: “To make provision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.”