'The seriousness of problems associated with distorted ukuthwala is of such a magnitude that a clear and specific piece of legislation is necessary,' said justice minister Ronald Lamola
Lamola said the report states that the enactment of a new statute is required to deal specifically with the issue of forced marriage to send a powerful message to perpetrators and ordinary South Africans alike. is of such a magnitude that a clear and specific piece of legislation is necessary,” he said.
“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. 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.
It will allow victims of forced and child marriages to apply for a forced marriage protection order, which is a remedy that may contain prohibitions, restrictions, requirements or other terms the court may consider appropriate. “A person commits the offence of forced marriage if he or she uses violence, threats or any other form of coercion to cause another person to enter into a marriage, and believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent,” said the report.
“Any person found guilty of the offences referred in this act, may be liable on conviction to imprisonment for a period in line with the punishment prescribed for the offences of assault, abduction, kidnapping, rape and human trafficking or a fine or both such imprisonment or fine.”
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