and traditional systems impacting on marriage that exist side by side with
statutory laws in most countries in the SADC Region.
2.0
RELATED LAWS
There are pieces of legislation in Member States that may have a direct
external relationship with a law on eradicating child marriage that will need
to be cross-referenced effectively in the Bill when drafting the national law.
There may also be need to pass consequential amendments to existing laws
to ensure consistency and harmony of the law. This will prevent ambiguity of
the law and assist in the holistic and correct interpretation of the law.
The following are some of the laws (cited by subject matter) that may impact
on a law to eradicate child marriage:
laws on sexual offences;
laws relating to gender equity and equality;
laws relating to anti- gender based violence;
penal laws;
anti trafficking laws
child justice laws;
marriage laws;
adoption laws;
legitimacy laws;
citizenship laws;
laws on refugees;
maintenance and affiliation laws;
termination of pregnancy laws;
education laws;
health laws;
empowerment laws; and
labour laws.
The Constitutions of Member States also need to be taken into account when
considering the content of national laws as the ultra/intra-vires rule will
apply. The Bill of Rights and exercise of legislative power through the making
of subsidiary legislation to operationalise the law must seriously be
considered by Member States and the legislative drafter.
Page 5 of 78