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Gibson Mhaka
A 46-YEAR-OLD man from Empandeni East Village under Chief Tshitshi in Mangwe, Matabeleland South Province, was sentenced to 13 months in jail after pleading guilty to marrying off his 18-year-old daughter despite repeated warnings against forcing girls into early marriages.
The man who could not be named to protect the victim was convicted and sentenced after pleading guilty to charges of violating Section 94 (1) (b) of the Criminal Law Codification and Reform Act Chapter 9:23 which classify “pledging of girl child” as a punishable criminal offence.
The convict will, however, serve an effective six months after the presiding magistrate Joshua Nembaware suspended seven months for a period of five years on condition that he does not within that period commit any offence of which contravening Section 94 of the code is an element for which upon conviction is sentenced to imprisonment without the option of a fine.
The girl’s father, who had received R3 700 as lobola for his daughter, also faced separate charges of physical abuse.
He was accused of assaulting the girl’s mother, for inciting the girl to flee the forced marriage.
For this offense, he was fined US$400 or two months in jail.
In addition three months imprisonment were suspended for a period of five years on condition he does not within that period commit any offence involving physical abuse for which upon conviction is sentenced to imprisonment without the option of a fine.
The State led by Selestine Madziwa proved that sometime in March this year the girl’s father went to where his daughter was staying in the Silima area.
He lied to her, saying she would go and work in Botswana, and convinced her to return home with him that same day.
The following morning, Bonani Ndebele and Bekezela Ndlovu arrived at the girl’s father’s homestead.
Her father informed her of their presence, and she went to speak with them at the gate. Bekezela told her they were looking for a wife and had chosen her. The girl refused their proposal and returned to the kitchen to continue her chores.
Her father entered the kitchen and informed her that the men at the gate had already paid lobola for her. He told her to pack her belongings and leave with them.
The girl refused. Ignoring her protests, her father handed her bag and ordered her to go to Patrick Ndebele’s homestead in Mzaza village, where she would live as Bonani’s wife.
As a result of her father’s orders, the girl went to stay with Bonani for seven days before she ran away to stay with a relative.
However, the matter came to light on 18 April. At around 2am that day, the girl’s father came home drunk and accused his wife of inciting their daughter to flee her marriage.
He repeatedly struck his wife in the face with open hands. In pain and with a swollen face, his wife went to the police to report the assault.
She also took this opportunity to report that he had forced their daughter into marriage. This led to his arrest.
Online Reporter