14. The Committee notes with concern the provision of the CPWA Part III No 15, which puts the burden on the child to refuse from being compelled to undergo any custom, or practise that negatively affects the child. The provision puts the burden on the child to refuse harmful practices; for reasons related to his/her age, fear of parents/caregivers or lack of understanding about the implications of undergoing a harmful practise, a child may not be in a position to be able to refuse such actions. The Committee urges the State Party to shift the burden away from the child and maintain the responsibility of the State Party itself to protect the child from any harmful practice, in accordance with the Charter. 15. The Committee notes with concern instances of forced eviction in the Malkerns and Nokwane that resulted in homelessness and negatively impacted the overall welfare of children and their rights to access to education, health and sanitation and food security, among others. The Committee recommends the State Party to undertake the following measures. i. Provide effective remedies including reparations for forcibly evicted families in the Malkerns and Nokwane; ii. Declare a nationwide moratorium on mass evictions until adequate legal and procedural safeguards are in place to ensure that all evictions comply with international and regional human rights standards; and iii. Enact legislation prohibiting forced eviction and setting standards and safeguards in the course of eviction ensuring, among others, that no child is rendered homeless as a result of eviction. B. Definition of a child and other age requirements 16. The Committee notes with appreciation the definition of a child as a person below the age of eighteen is clearly provided under the CPWA. However, the Committee is concerned that the Marriage act allows girls to get married from the age of 16 if permission is acquired from parents and Ministry of Justice. The Committee strongly recommends the State Party to amend the Marriage Act and eliminate any exception to the prescribed minimum age of marriage. C. General principles Non-discrimination 17. The Committee applauds the State Party for the various initiatives installed aiming to ensure non-discrimination of children with disabilities including: the development of the National Disability Plan of Action and its monitoring and evaluation framework; identification of learners with disabilities through school health programme; 5