TEEN (14) FALLS PREGNANT, WEDS

MBABANE – She fell pregnant and also got traditionally wedded at only 14 years of age. This is the story of *Sihle, who now wants to return to school, but her mother, says she cannot go back.

Sihle is now 17 years old and has been traditionally married for three years.
Previously, the consenting age in the country was 16 years. However, after the enactment of the Sexual Offences and Domestic Violence (SODV) Act of 2018, it changed to 18 years old.

Anyone who has a sexual relationship with a minor can be charged with statutory rape under the SODV Act.
The man who impregnated and later married Sihle, if found guilty, faces imprisonment not exceeding 20 years.
According to Section 37(1) of the Act, ‘‘A person who maintains a sexual relationship with a child commits an offence and shall, on conviction, be liable to a term of imprisonment not exceeding 20 years.’’

Confirmed

In separate interviews with *Sihle and her mother *Phindile, both confirmed that the former had not reached the  age of 16  when she fell pregnant and later married.
Sihle said she conceived when she was in Grade VI (Standard Four), three years ago.

After dropping out, Sihle disclosed that she was tekaed, which is the step towards traditional marriage.
According to Eswatini culture, a woman is smeared with red ochre (libovu) and a goat is slaughtered as part of the process.
A certain piece of meat from the slaughtered goat is then presented to the girl’s family. Once the family accepts the piece of meat, it basically means they welcome the prospect of marriage.

In Sihle’s case, her family is said to have accepted the piece of meat. This was confirmed by  her mother, Phindile.
When told that her daughter was underage, Phindile pleaded ignorance of the law.
“I was not aware that this was an offence,” she said.
 Giving a brief background on the matter, Phindile first acknowledged that Sihle was her biological daughter.

Conceived

“I also conceived her at a very young age. She then grew up at her paternal grandmother’s homestead. The other reason she stayed with her grandparents was that her father died while she was still a baby,” she said.
While staying with the grandmother, Phindile said Sihle started a relationship with a local young man.
Later, Phindile said she was informed that her daughter was later impregnated by the man.

“In fact, Sihle decided to leave home when she discovered she was pregnant. I only got to know about the predicament through a letter she had left before going. It was addressed to me. She stated in the letter that she was going to stay with one of her aunts,” she added.
A few months later, Phindile said she was informed that Sihle had been traditionally wed (tekaed). Again, Phindile was asked why she did not take action against those who offered to marry the teenager.

Aware

She said she was not aware of the law.
However, Phindile quickly pointed an accusatory finger to Sihle’s grandparents for not taking necessary action.
“They were aware when she fell pregnant. They were also aware when she was tekaed. Why is the matter coming up now, three years later?” she asked rhetorically.

According to research conducted by online NGO ‘Girl Not Bride’, Eswatini has one of the lowest rates of child marriage in Sub-Saharan Africa.  It states that: “Five per cent of girls are married before the age of 18 and one per cent are married before their 15th birthday.
“Child marriage is most prevalent in Lubombo (where 14 per cent of women aged 20-49 were married before the age of 18) and Hhohho (12 per cent).

Legal

“Under the Marriage Act 1964, the minimum legal age is 16 years for girls and 18 years for boys.
“Eswatini adopted the Children’s Protection and Welfare Act of 2012, which grants any person under 18 the right to refuse any custom or traditional practice that can negatively affect them.

“The law penalises parents and guardians who collude with adult men to orchestrate child marriages through a practice known as kwendzisa. Offenders face prison terms of up to 20 years,” reads the online NGO research.
*Not their real names.

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