Times Of Swaziland: Kwendzisa is an offence

Kwendzisa is an offence
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 KWANELE DHLADHLA on 10/09/2012 00:00:00


MBABANE- Swazi men who continue to marry underage girls through the age-old
Swazi custom kwendzisa will now be breaking the law.
Kwendzisa is a process where the parent or guardian marries off a girl child to
an adult male without her consent.
Though the Act does not stipulate a specific fine or jail term for committing
the offence, offenders will be liable, on conviction, to a fine not exceeding
the monetary jurisdiction of a magistrate or to an appropriate term of
imprisonment.
The jurisdiction of a magistrate is E10 000 for criminal matters.
This is according to the Children’s Protection and Welfare Act of 2012 which
was endorsed by His Majesty King III last Friday.
The Act clearly states that children have the right to refuse to be compelled to
undergo or uphold any custom and other traditional practices which are likely to
negatively affect them.
A child, according to the Act, is a person under the age of 18.
In the past there was no law stopping 15-year-olds from marrying traditionally
despite the Girls’ Protection Act of 1920 which made it illegal to have sex
with girls under the age of 16.
The law states that all practices which are likely to affect the child’s life,
health, welfare, dignity or physical, emotional, psychological, mental and
intellectual development is illegal.
This act will come into force on a date the Minister of Justice and
Constitutional affairs may fix by notice in the form of a gazette.
The minister may also fix different dates for the coming into effect of
different parts or sections of the gazette.
When the Deputy Prime Minister (DPM) announced endorsement of the Act by the
King, he said, Swaziland hoped to make giant improvements from being one of the
lowest ranking countries in terms of child friendliness and protection of their
rights.
Currently, Swaziland ranks number 45 out of 60 countries, according to the
international ratings of children’s friendliness and rights protection report.
Sugar daddies could face E20 000 fine
MBABANE - Sugar daddies who lure young girls into sexual relationships with
money and other lavish extras will no longer have it easy.
Any person, parent or guardian who takes a child without appropriate consent,
whether within or outside Swaziland will be fined E20 000 or 20 years
imprisonment.
This is according to the Children’s Protection and Welfare Act of 2012 which
was endorsed by His Majesty King III last Friday.
The Act states that: "A person has lawful custody of a child under this section
if he has been conferred custody of the child by virtue of any law or by order
of the children’s court or any other court".
Save the Children Communications Officer, Senelile Khumalo, lauded the enactment
of the Children’s Act.
"The King has assented to the Bill into an Act at a time when we have been
witnessing escalating numbers of children who are being abused in different
ways. Our country will now be reclassified as child friendly because of the
protective legislative environment that it has provided to its children. This
will definitely be a remarkable year for children and it will bring smiles to
their faces," said Khumalo.
We may ask for review of Act in future, says TV
MBABANE - Staunch traditionalist, Timothy Velabo Mtetwa, said they would apply
for review of the newly enacted Children’s Protection and Welfare Act of 2012,
if it was felt to collide with Swazi customs and traditions.
However, Mtetwa who is also the acting Ludzidzini Governor emphasised that they
would abide by the law, until such time when the Act became a significant
hindrance to certain Swazi customs.
"For now, we will abide by the order as stated in the new legislation. However,
when the need arises in future, we will not resist applying for a review," noted
Mtetwa.
The Swaziland Action Group Against Abuse (SWAGAA) applauded endorsement of the
Act by the King.
"Swaziland is signatory to human rights-based conventions which clearly outline
basic human rights and is a positive step towards protecting them from potential
abusers.
This is a real triumph since civil society in Swaziland has been advocating
diligently, for the passing of this maximum legal protection for many years,"
noted SWAGAA Communications Officer Maureen Littlejohn.