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Justice system fails, child rapists walk free

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The Minister for Health, Mduduzi Matsebula, during his visit at the Mbabane Government Hospital, on Christmas Day, which is one facility where underage girls also give birth. (Pic: Joseph Zulu)
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MBABANE – Thousands of rape suspects are believed to be walking free in the country after impregnating underage girls.

During the Christmas and New Year period, there were cases of 14-year-olds giving birth in the country’s public health institutions. This has confirmed a recent report which revealed that about 4 000 pupils under the age of 17 give birth each year, meaning the same number of males might have impregnated these girls. The question that boggles the mind is: “Who are these men impregnating young girls?”

Despite ongoing anti-teenage pregnancy campaigns, underage girls continue to fall pregnant. For instance, on Christmas Day, a matron at the Mbabane Government Hospital revealed that a considerable number of those who gave birth at the hospital were children under the age of 17.

In fact, there were teenage mothers present during a visit by the Minister for Health, Mduduzi Matsebula, to hospitals to welcome newly born babies.

According to the Sexual Offences and Domestic Violence (SODV) Act, it is a criminal offence for anyone to engage in a sexual relationship with a person under the age of 18. This publication also gathered that once these children are admitted to hospital, no action is taken by health officials to report the matter to the police.

This is contrary to Section 70 of the SODV Act, which states that any person who witnesses, receives information about or reasonably believes that a sexual offence has occurred or is about to occur must report it to the police or the relevant authority.

The law places an obligation on every person, not only the police, but also medical personnel, to report such cases, particularly when children present at health facilities while pregnant. The minister for health was asked about the failure by medical personnel to report such incidents to the police.

In response, Matsebula first conceded that there were indeed children giving birth in the country’s hospitals. However, he said when a person goes to hospital, the priority for medical personnel is the patient’s health. He emphasised that this is what medical staff focus on.

The minister pointed out that, under normal circumstances, social workers from the Deputy Prime Minister’s (DPM) Office are supposed to be stationed at health institutions.

He said it is the duty of these officials to report such incidents to the police, adding that social workers are specially trained to handle such matters.

Matsebula noted that there was a shortage of social workers due to the government’s employment freeze, which has prevented the hiring of staff for such roles. For large facilities such as the Mbabane Government Hospital, he said it is essential to have not only social workers, but also officers to whom such matters can be reported.

*..

Police’s ‘hands tied’ if not informed

MBABANE – Without information, the police cannot follow up on rape cases.

Recently, there have been reports of children under the age of 17 giving birth in the country’s hospitals.

Yet, this publication has established that in many of these cases, no one is ever charged with rape. It is illegal to engage in a sexual relationship with anyone below the age of 17.

The Deputy Chief Police Information and Communications Officer, Assistant Superintendent Nosipho Mnguni, stated that normally, when the police receive information about a specific case, they act. 

However, she said in some instances, they are not informed and can only act once they have the necessary details. Mnguni said this remains a major challenge, particularly when the police are not notified.

Yesterday, The Times of Eswatini News reported that a 14-year-old girl was among the mothers who gave birth during the New Year period.

The Deputy Chief Police Information and Communications Officer said the police would follow up on the matter but did not provide further details.

1. Sexual Offences and Domestic Violence Act (SODV Act), 2018

The SODV Act criminalises all sexual activity with anyone under 18, since a child in Eswatini cannot legally consent to sex.

Section 70 of the SODV Act states that any person who witnesses, receives information about or reasonably believes a sexual offence has occurred or is about to occur must report it to the police or ‘relevant structure’. This is a duty on everyone, not just police or parents.

*…

DPM: It’s a losing battle if parents don’t report

MBABANE – It is a losing battle.

This was the sentiment expressed by the Deputy Prime Minister (DPM), Thulisile Dladla, who stated that the biggest challenge is that even parents of pregnant underage children remain silent.

Dladla said this silence results in the children not receiving the assistance they need.

She explained that by the time the police discover that a child has been raped, it is often too late.

*Full article available in our publication

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