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Chief embroiled in teen pregnancy saga
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A Hurungwe villager has challenged a ruling by a traditional court after being penalised for his 18-year-old son's involvement in impregnating an underage girl, sparking debate over customary justice and child protection in rural communities.
Ison Kanyoka said he was unfairly punished with the confiscation of two cattle, a decision he described as excessive and unjust. Kanyoka's son, Brilliance, was found guilty of impregnating a minor from their village, but Kanyoka argued that both parties had consented to the relationship, questioning the fairness of Chief Abel Chundu's ruling.
"Chief Chundu is greedy," Kanyoka said. "How can I be held responsible for someone who is of legal age? The issue of underage sex should be treated as a criminal matter that requires police intervention." He said he plans to appeal the decision and has reported the alleged theft of his cattle, asserting, "This chief took my cattle without my consent, and that is stealing. I will file a case against him."
Chief Chundu defended the ruling, citing traditional practices that mandate compensation in such cases. "According to our customs, when someone sleeps with a minor, the perpetrator must pay two cattle-one for the girl's parents and another for the chief," he explained. He confirmed he had taken one of Kanyoka's cattle and intended to retrieve the second soon. Chundu added that he had reported the case to Karoi police under the ‘Not in My Village Campaign,' highlighting his commitment to protecting girls despite limited enforcement.
Brilliance's elder brother, Lloyd Kanyoka, said his sibling was summoned by Karoi police and directed to undergo counselling at the department of social development, while the girl was also summoned to continue her studies.
Legal experts say the case raises questions about the interplay between customary law and national legislation. Seppy Ndlovu, a lawyer with the Zimbabwe Women Lawyers Association, noted that although the age of consent was raised to 18, a clause allows leniency if the age difference between the parties is three years or less.
In 2024, President Emmerson Mnangagwa signed the Criminal Laws Amendment (Protection of Children and Young Persons) Act 2024 into law, criminalising sexual intercourse with individuals under 18 and strengthening protections against child marriages. Despite these legal safeguards, challenges remain in rural areas where customary practices and limited law enforcement complicate enforcement.
A 2024 Unicef report highlights the broader issue, revealing that over 79 million girls and women, or one in five, across sub-Saharan Africa have experienced sexual assault before turning 18. The Hurungwe case underscores the ongoing struggle to balance traditional practices, legal frameworks, and the protection of vulnerable children.
Ison Kanyoka said he was unfairly punished with the confiscation of two cattle, a decision he described as excessive and unjust. Kanyoka's son, Brilliance, was found guilty of impregnating a minor from their village, but Kanyoka argued that both parties had consented to the relationship, questioning the fairness of Chief Abel Chundu's ruling.
"Chief Chundu is greedy," Kanyoka said. "How can I be held responsible for someone who is of legal age? The issue of underage sex should be treated as a criminal matter that requires police intervention." He said he plans to appeal the decision and has reported the alleged theft of his cattle, asserting, "This chief took my cattle without my consent, and that is stealing. I will file a case against him."
Chief Chundu defended the ruling, citing traditional practices that mandate compensation in such cases. "According to our customs, when someone sleeps with a minor, the perpetrator must pay two cattle-one for the girl's parents and another for the chief," he explained. He confirmed he had taken one of Kanyoka's cattle and intended to retrieve the second soon. Chundu added that he had reported the case to Karoi police under the ‘Not in My Village Campaign,' highlighting his commitment to protecting girls despite limited enforcement.
Legal experts say the case raises questions about the interplay between customary law and national legislation. Seppy Ndlovu, a lawyer with the Zimbabwe Women Lawyers Association, noted that although the age of consent was raised to 18, a clause allows leniency if the age difference between the parties is three years or less.
In 2024, President Emmerson Mnangagwa signed the Criminal Laws Amendment (Protection of Children and Young Persons) Act 2024 into law, criminalising sexual intercourse with individuals under 18 and strengthening protections against child marriages. Despite these legal safeguards, challenges remain in rural areas where customary practices and limited law enforcement complicate enforcement.
A 2024 Unicef report highlights the broader issue, revealing that over 79 million girls and women, or one in five, across sub-Saharan Africa have experienced sexual assault before turning 18. The Hurungwe case underscores the ongoing struggle to balance traditional practices, legal frameworks, and the protection of vulnerable children.
Source - The Standard
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