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ON the 10th of October 2019, Zimbabwe together with the International community celebrated World Mental Health Day. The 2019 theme was focused on suicide prevention. According to the World Health Organisation, suicide is defined as deliberately killing oneself. Mental health is defined as a state of well-being in which every individual realises his or her own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to her or his community. When it comes to mental health legislation, the Mental Health Act [Chapter 15:12] protects or safeguards the rights of mentally challenged persons with an emphasis on treatment while in custody.
The Mental Health Act allows for the institutionalisation of mentally challenged persons by even a family member. Medical practitioners are also required to examine such persons before such order is granted. Several reasons or factors including mental disorders, depression, financial challenges, marital problems and terminating pregnancy, which was as a result of rape can be cited as factors that lead to the death of women by suicide. Acts such as the Domestic Violence Act [Chapter 5:16] protect women from different forms of abuse. Women face the challenge of being economically dependent on their spouses. This often leads to power struggles and depression related to financial issues. Many women when faced with these challenges turn to family members who shun them and tell them that a woman should be strong and bear it all. These women suffer in silence with rarely any outlet to vent out their frustrations or concerns.
The World Health Organisation 2017 statistics show Zimbabwe ranked as number 19 in terms of deaths by suicide. The introduction of the Domestic Violence Act provides women with a platform to protect themselves from for example, psychological abuse, which may result in mental disorders such as severe depression and anxiety, eventually leading to suicide. Domestic violence means any unlawful act, omission or behaviour, which results in death or the direct infliction of physical, sexual or mental injury to any complainant by a respondent and includes the following: physical abuse; sexual abuse; (c) emotional, verbal and psychological abuse; (d) economic abuse; (e) intimidation; harassment; malicious damage to property and stalking. This list is however not exhaustive.In cases where spouses and their children are not being provided for in terms of their upkeep, women are encouraged to seek recourse through the Maintenance Act [Chapter 5:09].The act also applies to men as there is a legal obligation on both parents to provide continuing financial or material support to their children.
In the case of persons who are married, the court can grant a divorce order when there is an irretrievable breakdown of the marriage relationship or due to continuous unconsciousness or mental illness of either partner. In terms of irretrievable breakdown, divorce is granted on the basis that there are no reasons to believe or hope that the two parties will ever reconcile.In terms of mental illness or continuous unconsciousness, divorce is granted if a partner is mentally ill for a period of five years within a period of ten years before the date of the divorce proceedings or has been unconscious for a period of six months before the divorce. There is a need however for the affected partner to prove that the illness cannot be cured, and evidence is required from at least three doctors, two of whom must be psychiatrists.
Mental Health is therefore as much of a topic to be discussed in terms of the law as is domestic violence. For a start more discussion on mental challenges with a particular focus on challenges like depression which are sometimes considered to be un-African needs to be done. The more dialogue on these taboo topics, the less likely we are to see women or men losing their lives to this silent killer.
For more information contact ZIMBABWE WOMEN LAWYERS ASSOCIATION AT 134 J Tongogara Street/14th Avenue, Bulawayo. Tel: 0263 292 887185-7.
Online Reporter