Govt, Wlsa bemoan disparities in child laws

Stakeholders in the justice sector have bemoaned conflicting laws on the description of a child in Malawi, saying they have the potential to affect justice delivery.

The observation was made in Mzuzu at the weekend by members of the Judiciary, Ministry of Justice and Constitutional Affairs and Women and Law in Southern Africa Research and Educational Trust (Wilsa Malawi).

The Republican Constitution stipulates that individuals aged 18 and above may consent to marriage, and that the youth aged between 15 and 18 may marry with parental or guardian consent. However, the Constitution also defines a child as a person under 16 years.

With such inconsistencies, the stakeholders feel the Constitution permits child marriages, thereby infringing on the rights of the child, which is a violation of human rights and international law and standards which define a child as a person under the age of 18.

Speaking in an interview on Saturday in Mzuzu where the Ministry of Justice and Constitutional Affairs and Wlsa held a consultation meeting on the need to harmonise the child age, Women Judges Association coordinator for the North, Gladys Gondwe, said the differences on child age pose a threat on cases to do with early marriages and defilement.

She said people can easily take advantage of such disparities to challenge the case which in turn affects delivery of justice.

Wilsa Malawi national director Mzati Mbeko said it is high time the laws were harmonised to protect the child.

Ministry of Justice and Constitutional Affairs senior state advocate, Natasha Nyirongo, said harmonising the child age to 18 would wipe out child marriages.

“We have one of the highest numbers of child marriages and this is what we are trying to eradicate. We are trying to make a difference because some are actually forced into these marriages by their parents,” said Nyirongo. n