HON. JESSIE KABWILA PH.D.
CHAIR, WOMEN’S CAUCUS, MALAWI, AND A MEMBER OF THE
HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL
PROGRAMMES AT THE SADC PF
SADC REGIONAL PARLIAMENTARY DIALOGUE ON CHILD
MARRIAGE LAWS
3-4 FEBRUARY, HILTON, JOHANNESBURG
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THE WOMEN’S CAUCUS HOSTING
MARRIAGE, DIVORCE AND FAMILY
RELATIONS BILL
CIRCULATED YESTERDAY
FIRST LOBBY SESSION LAST WEEK
CONSTITUTION
PENAL CODE
LANGUAGE
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HURDLES - THE MARRIAGE INSTITUTION
POLYGAMY, DIVORCE,
HARMONISATION OF MARRIAGE
CONSTITUTION AMMENDMENT
LOBBYING ABILITY , EXTREMELY DEFICIANT
CAPACITY
DISJOINTED, EVENT RATHER THAN PROCESS
ADVOCACY, LOBBYING STRATEGY
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POLITICAL WILL ON AGE OF MARRIAGE
MULTIPARTY VOICE
STRONG WOMEN’S CAUCUS VOICE
EVIDENCE OF NEGATIVES OF CHILD
MARRIAGE
WILLINGNESS TO WORK FOR IT TO BE
PASSED
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Commission recommends age of 18 years to
enter a valid marriage at law so age of
marriage is 16 years
Section 23 (6) of the Constitution defines child
as a person under 16 years of age.
Section 22 of the Constitution provides for
family and marriage. The provision states
For persons between the age of fifteen and
eighteen years a marriage shall only be entered
into with the consent of their parents or
guardians
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The state shall actively discourage marriage
between persons where either of them is under
the age of fifteen years.
Section 22(7) of the Constitution allows persons
between 15 and 18 years to marry as long as
they have the consent of their parents or
guardians. Person between the age of 15 and 18
years are children. Hence, allowing marriage of
such person with the consent of their parents or
guardians is retrogressive.
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There is medical and socio-economic proof of
dangers of persons marrying under age of 18
Constitution does not seek to promote
marriage below 18
The framers do not want that
State to develop constitutional amendment bill
that deletes subsections 7 and 8 of sections 22
and 23
Amend age of marriage at 18 years, supreme
law is Constitution
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Nyasa times, News, calling for it
Malawi needs to comply with CEDAW,
Complement the polity position by Malawi
under the Millennium Development Goals as
member of international commun8ity of
nations
SADC Gender Protocol on Development
Human Rights
Do what is right