Recent legal responses to child marriage in Southern Africa: The case of Zimbabwe, South Africa and Malawi

Abstract

Child marriage occurs when one of the parties is below the age of 18 years. In Zimbabwe, South Africa and Malawi research has shown that most child marriages are linked to harmful practices that are embedded in culture. Law reform to end child marriage, therefore, is a difficult task since it presents a potential conflict between children's rights and cultural rights. This article critically examines how these selected countries seek to address the conflict between cultural practices that lead to child marriage and the protection of children's rights. It also highlights conceptual as well as practical difficulties that law reformers face in regulating cultural practices, and the gaps in the reforms that need to be addressed. AFRICAN HUMAN RIGHTS LAW JOURNAL * LLB (Hons) (Malawi) LLM LLD (Western Cape); lmwambene@uwc.ac.za.