South Africa’s Law Reform Commission has handed over a report to Justice Minister Ronald Lamola in which it suggests new legislation that criminalises forced and child marriages.
The Prohibition of Forced Marriage and Regulation of Related Matters Bill aims to make forced and child marriage a criminal offence for anyone who “attempts or conspires, aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another person to enter into a forced marriage or child marriage.”
The Bill, if passed, will also afford room for victims of forced and child marriages to apply for a forced marriage protection order, which may contain prohibitions, restrictions, requirements or other terms the court may consider appropriate.
The Bill further states that a court, in addition to any other punishment imposed, can order a person who is proven guilty of an offence under the legislation to appropriately compensate the victim for any damages suffered.
The commission, under the Bill, pushes for suitable accommodation for victims of forced and child marriage, as well as psychosocial support until they are fit and ready to move on with their lives.
The report also hammers on the importance of creating public awareness programmes or other measures for the prevention of forced and child marriages.
Responding to the reports, Justice Lamola reiterated that the enactment of a new statute was required to deal specifically with the issue of forced marriage to send a powerful message to perpetrators and ordinary South Africans who may be nursing similar thoughts.
“The seriousness of problems associated with distorted ukuthwala (forced marriage) is of such a magnitude that a clear and specific piece of legislation is necessary. This will also compel stakeholders to do the necessary to curb the practice and to deal appropriately with victims if such is outlined in law,” Lamola said.
“The current law relating to the age of consent cannot be regarded as settled, and a new definitive statement would go a long way towards clarifying this area of the law,” he added.
Three other reports submitted to the minister included:
- The Project 107 report on sexual offences (pornography and children).
- The report on Project 142 on the investigation into legal fees, including access to justice and other interventions.
- The Project 125 report on harmonising existing laws on providing different periods of prescription.
Lamola gave assurance that the department will thoroughly scrutinise the reports before sharing it with the general public to have their input.
