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Child and women’s rights groups have urged the Government to immediately reform the country’s laws to outlaw child marriages and introduce stiffer penalties for abusing the girl child.
This follows the death of Anna Machaya (15) who died during child birth before being secretly buried at an apostolic sect church shrine in Marange last month, sparking public outrage.
Anna’s “husband” Hatirarami Momberume (26) is now facing murder charges, while the parents of the deceased are being charged with obstructing a police investigation and pledging their daughter.
Anna, who got pregnant at the age of 14, died on July 15 while delivering her baby at the church shrine.
Zimbabwe is among 20 African countries with the highest incidence of child marriages, according to the United Nations Population Fund (UNFPA).
Rights groups are now calling for the speedy alignment of the country’s statutes to the Constitution, which outlaws child marriages.
Plan International Zimbabwe country director, Dr Angela Muriithi said Government must expedite the enactment of the Marriages Bill, which will criminalise the pledging of children into early marriages.
“Zimbabwe has a very progressive Constitution that clearly proscribes child marriages,” said Dr Muriithi.
“The Constitution of Zimbabwe makes it clear in Section 81 that every person under the age of 18 is a child.
“In addition, Section 26 requires the State to take measures to ensure that children are not pledged into marriages.
“Section 78 further confers the right to found a family to persons aged at least 18.”
She said there are, however, other statutory laws that are out of sync with the Constitution, thereby creating loopholes that allow for the practice to fester.
Dr Muriithi said alignment of the laws to the Constitution was of paramount importance. The law, she said, should impose stiff penalties on people who take child brides.
“As it is now, we do not have these laws and that is why the accused in Anna Machaya’s case is not being charged with child marriage, the law is not there.
“It’s only the Constitution that outlaws child marriages, but that alone cannot be used to charge someone.
“We need alignment so that we have proper and clear laws prohibiting child marriage.” She added that the law should also sanction parents and religious groups responsible for facilitating the illicit unions.
“But if laws such as the Marriages Bill are enacted, all this will be provided for.
“Our Constitution is also very clear in Section 81 on protecting children from sexual abuse and exploitation.”
Zimbabwe has two sets of marriage laws, the Marriage Act (originally enacted in 1964) and the Customary Marriages Act (originally enacted in 1950), both of which do not provide for a minimum age for consent to marriage.
A new Marriages Bill gazetted two years ago bans the marriage of anyone below 18 years and will provide for prosecution of anyone involved in the marriage of a minor. The Bill is currently before the Senate.
Dr Muriithi said the Criminal Law (Codification and Reform) Act, which is being used to prosecute those involved in child marriages, has a lot of loopholes that are being manipulated by paedophiles.
“That is why with the Anna Machaya case, clear as it is, there remains fears that the accused may not be properly punished owing to gaps in our sexual offences laws.”
United Nations Population Fund (UNFPA) country representative Dr Esther Muia, said young girls who are married off are prone to sexual and reproductive health complications.
“Teenage pregnancies increase the risk of maternal deaths and birth injuries such as fistula, and other childbirth complications, as their bodies are not yet ready for child birth,” said Dr Muia.
Zimbabwe Women Lawyers Association, acting director Sethulo Ncube said the Marriage Bill will help address the child marriage scourge.
“We need laws to be implemented, for example the Domestic Violence Act should be implemented fully and where a perpetrator has been found guilty then in terms of the Act the courts should impose deterrent sentences.
“Also Section 70 of the Criminal Law (Codification and Reform) Act, which deals with sexual intercourse with a young person should be interpreted in such a way that if a person is found guilty then the courts should give deterrent sentences,” Ncube said.
In 2016, the Constitutional Court ruled that marriage before the age of 18 was illegal.
Experts say poverty, religion and tradition are the main reasons for child marriages in Zimbabwe, and more than one-third of girls wed before they turn 18. Sunday Mail
