v Meaker 1998 (8) BCLR 1038. Failure to provide the relevant data
and statistics justifying the limitations is fatal. See for instance Philips
v Director of Public Prosecution 2003 (3) SA 43; Moiese v Greater
Germiston Transitional Local Council2001 (4) SA 491 (CC).
THE MYTH OF THE RESPONDENTS' DEFENCE
96.
The Respondents' opposing affidavit has not provided any data or
evidence to justify the retention of the law.
Instead what the
government simply sought to do is to justify infraction on old
fashioned stereotype sexist arguments.
97.
Paragraph 11 of the opposing affidavit makes this heretical point:,
"It is true that the Marriage Act, [Chapter 5:11]
differentiates between the minimum age of marriage for boys
and girls, and that eh Customary Marriage Act, [Chapter
5: 11] does not specify any minimum age for either boys or
girls.
I,
however,
unconstitutional about
deny
that
that
there
state
of affairs.
rs
anything
The
differentiation is simply that, and is necessitated solely by the
sexual difference itself and the implications therefore for
married life. As far as I am aware the differentiation arises
from biological and psychological maturity levels for boys
and girls."
98.
It is absolutely absurd to suggest that there are different biological and
psychological maturity levels for boys and girls. This is not true and is
a common stereotype.
Page 31 of 46
Applicant's Heads of Argument in the matter between:
Love ness Mudzuru & Another v Minister of Justice Legal & Parliamentary Affairs & 2 Others
Case Number CCZ 79/2014
Prepared by Tendai Biri Law
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