Pupil (19) escapes jail for impregnating girl (14)

Senior Court Reporter
A 19-year-old Upper Six pupil at Sobukhazi High School in Bulawayo’s Mzilikazi suburb was lucky to escape jail life after his sentence was postponed for five years for impregnating his 14-year-old girlfriend. Takunda Mauswa of House Number 31131/1 Entumbane in Bulawayo was convicted on his own plea of guilty to a charge of having sex with a minor by Western Commonage magistrate, Mr Maphios Willard Moyo.

In sentencing Mauswa, the magistrate noted that the teenager was still at school hence the decision to postpone the passing of sentence for five years.
The family of the complainant immediately applied to the court to have the girl’s pregnancy terminated, arguing that if she gives birth that would jeopardise her studies.

The court, however, dismissed the application on the basis that abortion was illegal.
Mr Moyo also took into account the fact that Mauswa and the complainant had consensual sex. According to Zimbabwean law, a person is only allowed to abort when raped or when the pregnancy is a threat to her life.

The prosecutor, Ms Fiona Ncube, said sometime in April, the complainant who was doing holiday lessons at Sobukhazi High School, met Mauswa who proposed love to her and she agreed.

The court was told that during the month of May, Mauswa invited the girl to his bedroom on three occasions during which they had unprotected sex.
The offence came to light after the girl started developing signs of pregnancy prompting her parents to take her to a doctor for tests and it was discovered that she was expecting.

A report was made to the police leading to Mauswa’s arrest.

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