TARIRO SENDERAYI
The judgement that many human rights activists, especially those lobbying for women and children’s rights, have been waiting for, has been handed down. Zimbabwe has now taken a step in the right direction towards progression. Because of the cases of two young girls who were valiant enough to come forward, the Constitutional Court has put lock and key on child marriages. However, the question that remains is, will this practice pragmatically cease, so as to conform to the judgement and the provisions of the supreme law of our land?
Initially, the Constitution of 2013 provides in section 78 (1) that a minor is any boy or girl below the age of 18 years and the Customary Marriages Act section 22 (1) provided that a girl child from the age of 16 years could get married on condition that there has been consent between the involved parties. The legislative acts were inconsistent with one another; hence, the anomaly had to be rectified. Suffice to say the provisions of the Constitution took precedence.
Yes, this judgement calls for much needed celebration but I cannot curb the feeling of disdain that is slowly creeping into my mind. With the economic meltdown reaching an alarming level and desperation being the order of the day, will this deter perpetrators from trading in their young children when they do not have food on the table? Child marriage is a harmful practice. I fear that in as much as the Constitutional court has been seen to have smitten this practice, it will remain pervasive and socially condoned which will hinder the girl child from fully enjoying her rights.
My worry lies with those religious sects that actually condone child marriages. Where does that leave them? Will their religious beliefs cease to exist and be blotted out of the face of this earth like an unwanted steam on a bathroom mirror? An example is the apostolic sect of Johanne Masowe Chishanu, which strongly believes in marrying off young girls to elderly members of their sect as part of their religious practices. Will they stop practicing these beliefs just because the court of law has ruled against them? Indeed, this shall be a drastic transition for them, that is, if they are repentant. What then happens to those impregnated minors? Without the prospect of marriage, who shall take care of them and their children?
The focus now should be on how to transform the attitudes and mindsets of those who normalize such archaic and traditional practices. The ruling in the case of these two young girls has opened up an opportunity for advocates lobbying against child marriages. They can now go into communities to sensitize and educate people on the legal repercussions of marrying children and teach them on the rights of the girl child. This is in a bid to make sure that ignorance is no longer an excuse especially in the impoverished rural areas. They need to take it up a notch and create a mechanism that anonymously identifies perpetrators and bring them to book.
Advocates for women and children’s rights should find ways of assisting the impregnated young girls who do not have prospects of furthering their studies because their parents do not have the means or are unwilling to send them to school. They can also assist those who are orphaned and desperately in need of an education. They need somebody to become their ray of hope at a time when all looks impossible. These activists can implement activities that seek out young brides who are willing to transform their lives. Such organisations should fish out the strong suits or areas of these young girls, be it academics or projects wise. and boost their esteem and capabilities so that they are no longer vulnerable but authors of their new stories.
Let us see to it that this ruling achieves the desired results. Let us see to it that the girl child who has been pushed down is picked up, dusted off, and empowered to reach her full potential so that she can be a leader of both today and tomorrow.
Tariro Senderayi is a former law student at the Midlands State University, in Zimbabwe. She is currently availing her expertise at a youth-led organization called the Organizing for Zimbabwe Trust (O4Z)
