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CHAPTER 21 CUSTOMARY LAW AFFECTING CHILDREN …

CHAPTER 21 CUSTOMARY LAW AFFECTING CHILDREN Introduction In this CHAPTER we revisit those issues of African CUSTOMARY law AFFECTING In particular, we will consider the vexed question of whether to incorporate CUSTOMARY law AFFECTING CHILDREN in the new CHILDREN s statute, the manner in which this is to done if at all, the regulation of circumcision schools, aspects related to the age of majority, and related matters. There can be no doubt that the South African Constitution recognises the importance of CUSTOMARY law to the majority of South However, there is a substantial dissonance between the new-found extolling of individual rights and the promotion of a human rights culture, on the one hand, and several deep-rooted notions of African custom,3 on the African custom is based on the concept of human dignity, derived not necessarily through the relentless pursuit of individual liberty, but rather through membership of a group.

According to section 3(1) of the Act: For a customary marriage entered into after the commencement of this Act to be valid- (a) the prospective spouses - (i) must both be above the age of 18 years; and (ii) must both consent to be married to each other under customary law; and

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