Eyewitness News: Child marriages banned in Swaziland

Irin | 21 September 2012

MBABANE - The practice of men marrying underage girls which has been an accepted social norm for centuries, but has been linked in recent years to the spread of HIV - was recently declared illegal in Swaziland.

Known in SiSwati as ‘kwendizisa’, the marriage of an adult man to an underage girl was considered a legal “grey area” prior to the promulgation of the Children’s Protection and Welfare Act of 2012.

According to the 2005 Swaziland constitution, some customary practices are allowed unless they conflict with constitutional clauses.

“Swazi men marrying girls once the girls enter puberty is not a customary law. It is not mandatory. It is tolerated because it has always been done. But times are changing, and Swaziland has the highest HIV prevalence rate in the world. This practice has added to the spread of HIV. It is a great victory for public health and for the rights of children that this outmoded practice must now end,” AIDS activist Sandra Kunene told IRIN/PlusNews.

Married adolescents are at greater risk of HIV infection because many of them are in polygamous unions, face sexual violence or are unable to negotiate safe sex.

The girls also tend to have little contact with their peers, restricted social mobility, low levels of education and limited access to media and health messages.

ENFORCING THE NEW LAW

Last week, Deputy Prime Minister Themba Masuku announced the government’s intention to enforce the Child Protection and Welfare Act by prosecuting men who marry underage girls.

Sexual activity with underage girls was previously prosecuted as statutory rape, but only if it occurred outside the bounds of marriage.

Girls aged 15 and older were legally permitted to marry in accordance with the 1920 Girl’s Protection Act, and underage sexual activity within marriage was considered acceptable.

Today, perpetrators face statutory rape charges, and they are additionally fined R20,000 by the child welfare law.

The new law also penalises parents and guardians who collude with adult men to orchestrate a child marriage.

Offenders face prison terms of up to 20 years.

At a press conference, Masuku described the marriage of girls under the age of consent as “child abuse” and said the fine should be raised to R100,000.

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