It is dynamic as it makes it possible or easy to transpose or transplant
its contents without much effort as it describes and explains its
adopting or adapting process.
MS should use this Model Law to develop their National laws as it creates a
robust and uniform legal framework relating to the prohibition and
prevention of child marriage and is a key path to addressing Sexual
Reproductive Health Rights.
The objective of the Model Law is, therefore, to serve as a yardstick and an
advocacy tool for legislators in the SADC Region. It also provides best
practice language without loopholes which can be easily adopted or adapted
by Member States in their laws dealing with the eradication of child
marriage.
The Model Law will assist policy makers and legislative drafters to address all
the relevant areas in need of legislative reform without usurping the
authority of national legislatures to determine the content extent, style and
form of their national laws. The following key users of the Model Law have
been borne in mind when developing this Model Law:
policy makers, when developing policies and strategies relating
(a)
to eradication of child marriage;
(b)
legislative drafters, when drafting national laws on eradicating
child marriage;
(c)
lawmakers, when enacting legislation on the eradication of child
marriage;
(d)
judicial officers, when interpreting the laws on and related to
eradication of child marriage;
(e)
researchers, when doing research on child marriage; and
(f)
administrators, when applying and implementing the laws on
and related to eradication of child marriage.
Most Parliaments of SADC Member States have constitutional competence to
initiate through Members of Parliament or the Executive legislation for
enactment by Parliament following set procedures as contained in national
laws and standing orders or rules of the National Assembly. However, for
purposes of the SADC Model Law it is important that a close working
relationship with the Executive is established to ease the process of
successfully enacting the national legislation on this matter.
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