Chronicle Editor
Bongani Ndlovu, Chronicle Reporter
THE raising of the age of consent to sexual intercourse from 16 to 18 years by the Constitutional Court (ConCourt) has been welcomed by Zimbabweans with many calling for strict implementation of the ruling.
The ConCourt last week raised the age of sexual consent from 16 to 18 in a landmark ruling.
The ruling follows an application by two Harare women seeking to nullify the age of consent set at 16, saying it violates the rights and protection of girls in terms of the Constitution which set the legal age of marriage at 18.
The women, Ms Loveness Mudzuru and Ms Ruvimbo Tsopodzi, who were 19 and 18 at the time of the application, approached the court through their lawyer, Mr Tendai Biti, challenging the Customary Marriages Act.
The women argued that 16 years as the age of consent was indirectly discriminating against girls based on gender, compromising “their health, education, human dignity and best interests”.
They argued that raising the age of consent to 18 would at least deter, especially older men, from engaging in relationships with girls under the age of 18.
Radio personality Ms Farai Juliet Magada, who was a bride at the age of 15 said the ruling was a major step in protecting the girl child.
“The judgment is a step in the right direction and I support it.
A girl at that age (16) doesn’t know her body, she is still working on herself, her self-esteem, her academics.
You want to have sex and you won’t be able to understand what it’s about.
You can’t approach your older sister or mother and tell them that you want to try it out at the age of 16.
The first thing a parent thinks will be that their daughter will be engaged in unprotected sex, opening the doors to teenage pregnancy, HIV and other sexually transmitted infections,” she said.
Ms Magada, runs Pink and Purple Foundation that seeks to eliminate inhumane harmful practices that violate young girls’ human rights such as child marriages, teenage pregnancies, gender-based violence and sexual exploitation.
She said she has a 16-year-old daughter and has seen that she does not understand fully the implications of engaging in sexual intercourse.
“I’ve been there when I was 16 and when I look back I say to myself that I could have done things differently.
But now I’m older and I have a 16-year-old daughter and when she talks about boys I do break down to her the conversations about the birds and the bees.
She says to me she understands, but I can see that she doesn’t understand these things.
A time will come that a man will come and say they want to have sex with her and he is mature and can manipulate her and tell her she won’t get pregnant or get hurt.
At 16 when a girl falls pregnant the first thing on their minds is how they will raise the child, how they will feed the child. Also they haven’t finished school and they are still staying under their parent’s roof.
It opens doors to child marriages and abortions and this will take a toll on her body,” said Ms Magada.
Mrs Sibusisiwe Bhebhe the founder of Bulawayo-based Women’s Media for Development Foundation (Amakhosikazi) said although the ruling was great, there needs to be more robust ways in implementing it.
“It’s good yes, because it aligns, with the age of majority and marriage which are both 18.
It didn’t make sense where voting and getting married, the age is 18 but the age of consent to sex is 16.
“This new law will only work if is applied rigorously because even when the age of consent was 16, many people went scot free, sleeping with girls as young as 12 or 13.
In Marange there was a 12-year-old child who died at child birth and we don’t know what happened there,” said Mrs Bhebhe.
She said police and the judiciary must be ready to punish violators so that the landmark ruling does not become just another amendment that exists only on paper.
Mrs Bhebhe said she was concerned the ConCourt ruling would prevent access to contraceptives for those under the age of 18.
“What does it say about access to contraceptives and protection for girls?
What happens to those who are under the age of consent who could go to hospitals before the ruling and be given contraceptives if they were at least 16?
Do we then ignore that they are indulging in sex among themselves?
“Most teens are now sexually active, because we hear about Vuzu parties and the like, they are 13, 14 15 or 16 and they engage in sexual activities there.
So how will they protect themselves from STIs and pregnancies.
For me it’s a good law, but, it brings up more questions than answers on how best we can successfully implement it and make it work,” said Mrs Bhebhe.
Executive producer of Men’s Conference Podcast, that discusses men’s issues, Mr Makhosi Sibanda said the ruling will protect children from sexual abuse.
“Children were exposed to abuse, because at 16 what decisions are they making.
The person who crafted that the age of consent is 16 had a problem.
It is a good development and a lot of children will be saved from such things like rape, sexual abuse and child marriages.
“At 18 someone can make their own decisions, but at 16 they are still immature and they don’t know how their life will pan out.
I don’t want to look at how it will benefit a male child and a female child, I believe that a child is a child.
Even when parents divorce or separate a child is considered an adult when they are 18. So it wasn’t aligned that the age of marriage was 18 and the age of consent was 16 and that was an anomaly that was corrected,” said Mr Sibanda.
In 2016, the ConCourt outlawed child marriages and struck off the statutes Section 22(1) of the Marriage Act, which, for decades, had allowed children under the age of 18 to formally get married.
In their application, the two women — who were married off before the age of 18, argued that early marriages violated the Constitution.
They argued that Section 22 of the Marriages Act which sets 16 years as the legal age of consent violates Section 78 of the supreme law, which stipulates that anyone who has reached the age of 18 has a right to have a family. – Follow Twitter @bonganinkunzi .
Online Reporter