2 KIDS MISS SCHOOL, DAD HELD FOR MAINTENANCE

MBABANE- A father of two primary school-going pupils has been arrested for failing to maintain his children.

*Duma was arrested after his children, aged nine and 13, remained at home when schools reopened for the third term. He made his appearance before Mbabane Magistrate Innocent Motsa, charged with contravening Section 227 of the Children Protection and Welfare Act, 2012.  The section of the law seeks to ensure that parents adhere to their legal obligation through providing shelter, food, clothing, medication and education, among other basic necessities for their children.

Failed

In the case of Duma, it transpired that he failed to maintain his children, resulting in them missing lessons since schools reopened for the third term. If not in class today, it would mean the children had been absent for 17 days. Duma was reported to the police by his former wife Zodwa. He pleaded guilty when the charge was put to him. He confirmed that his children had never been to class since schools reopened for the third term. Duma told the court that he tried and failed to have his children in class when school reopened for the third term. However, he said he does not afford bus fare as his children have to commute every day.

This, he said, was because he no longer has a source of income since he lost his job at the transport industry. “Life was easy when I was employed as a kombi driver. I rented a flat, where I stayed with my children at KaNcesi. I was able to provide for my children and they were able to get to school at Ngwenya. I can no longer afford to cater for my children since I lost my job and relocated to Manzini,” he said. Duma added that he is struggling to pay rent in Manzini, where he stayed with his new wife and other children. Duma submitted that his former wife took the children to Ngwenya without consulting him. He said the children would have been taken to his stepmother so that they could be closer to school had it not been for the communication failure.

He alleged that his former wife openly told him that she no longer cared about the children because she was married to another man. “My former wife works next to the school at Ngwenya, but she is refusing to accommodate the children in her rented flat. She said she does not care about the children because she is married to another man. There is nothing I can do for my children since I lost my job,” he said. He asked his former wife what she had done to ensure that the children were in class after she observed his failure. Duma put it to his former wife that the court ordered that they should share the responsibility as they were both legally obligated to maintain their children.

In response, Zodwa admitted that she had not done anything to ensure that the children were at school since there was no communication from their father. She told the court that her former husband and her father-in-law refused with custody of the children even after her new husband had accepted them at their matrimonial homestead. “I had no problem staying with the children, but Duma and his father suggested that the children be taken to their grandfather, where we will both contribute towards maintenance. There was nothing communicated to me concerning the children after they were taken to their grandfather,” she said.

Zodwa told the court that she could not share her rented flat with the children at Ngwenya because she was going on leave. Apart from the leave, she told the court that she would be leaving Ngwenya soon. “My humble application is for an order compelling Duma to send the children to school before they miss a lot. He cannot complain because he has never maintained the children until December last year,” she said.

Removed

She told the court that the children used to live with her mother until Swatini Action Group against Abuse recommended that they should be removed from her. She said this was informed by the socio-economic circumstances at her parental homestead. In view of the circumstances, Magistrate Innocent Motsa gave the parties until October 2, 2024, to decide on the welfare of their children. Motsa reminded the former couple that they were both legally obligated to maintain their children. He said the legal obligation included providing shelter, food, clothing, medication and education, among other basic necessities for the children. “Both of you ought to have been charged for neglecting the children because you have equal responsibility to maintain them. Sort out the issue before October 2, 2024, before the court takes its decision. The best interest of children remains important,” he said.

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