After President Peter Muthalika assented the Marriage, Divorce and Family Relations bill into a law two months ago, fresh debate among social and law experts has resurfaced over the exact age at which a person can marry as the Malawi constitution speak differently with the current marriage law on the matter which will still encourage child marriage.
Malawi constitution section 22 subsection 6 reads, “No person over the age of eighteen years shall be prevented from entering into marriage”, subsection 7 states that, “For persons between the age of fifteen and eighteen years a marriage shall only be entered into with the consent of their parents or guardians”, while subsection 8 reads, “The state shall actually discourage marriages between persons where either of them is under the age of fifteen years”.
The borne of contention comes as the supreme law of the land (Malawi Constitution) on section 22 subsection, 6, 7 and 8 its not clearly on exact age marriage rather giving parents and guardian powers to consent a person to enter into marriage between fifteen and eighteen while the current Marriage Act is clear that marriage age should be eighteen years.
With such disparities between the two laws (as the constitution supersedes any law in the country) will still encourage child marriage as misguided individuals will take advantages of such ambiguity continue arranging marriages prompting social experts calling scrapping off the entire section 22 to suit the current Marriage, Divorce and Family Relations Act.
The development also impelled HIVO, an international organization which is implementing programs in Malawi to end child marriage to host the public debate on Friday, June 19, 2015 in the capital Lilongwe aimed at seeking possible solutions on how best the two laws can speak one voice on the matter than the current state.
With its implementing partners such as YONECO, CEYCA, CYDSE, MASUNA, CCYD, FCR and Malawi government the debate attracted law experts, CSOs, social commentators, human rights activists, children, media, chiefs, government officials.
Chief Bibi Kulunda of Salima district said child marriage remains a contentious issue in her area since parents and guardians still play part in their children marriages saying if there are such discrepancies of the laws still not addressed, ending child marriage in Malawi will be a night mare.
“People in the village don’t understand on these differences in law interpretations. We want the law to be clear to us unlike the way things are now, otherwise parents and guardians who stay with these children will continue marrying them the before their age due to the loop hole of the law”, worried Chief Kulunda.
Adding his voice on the matter, Mac Bain Mkandawire, Yoneco Executive Director faulted the law reformers of lacking insight on the two laws which don’t speak to each other worrying on how ending child marriage campaign in Malawi would be done.
“The section 22 of constitution must be reviewed so that it must speak one voice with the current Marriage Act. Some misguided individuals will take advantages of such gaps to challenge our laws which will be hard for the implementation of the programmes related to child rights protection in Malawi”, urges Mkandawire who is also a chairperson for Task Force on Child Marriage in Malawi.
Echoing on the same, Grace Jere, Principal Gender and Women Rights Officer at Malawi Human Right Commission (MHRC) worried with most of Malawi constitutions clause which keep on contradicting each other which end up confusing the masses on important matter like age marriage.
In responding to the quells on possible reviewing the Malawi’s constitution to tally with the Marriage Act, Chizanso Nyirongo, Deputy Chief law Reforms Officer for Malawi Law Commission (MLC) remained adamant accepting the disparities between the two laws saying the constitution was clear on section 22 subsection 6 that marriage under the age of eighteen is forbidden in Malawi only that other sections of the constitutions were giving an alternative which most Malawians don’t understand it their totality.
“The constitution is very clear, marriage under age eighteen is forbidden only that the public don’t understand the other clause which needs civic education. It will hard now to review such section as the commission requires comprehensive supporting practical facts on this matter. What is matter most now is to popularize the Marriage Act for familiarization by the general public”, suggests Nyirongo.
Later, the Maravi Post caught up with Cynthia Lungu, HIVOS’ National Coordinator who said child marriage was still rampant with 52% children entering marriage in Malawi worrying that such figures put the future of this nation at an awkward position.
“Child marriage is real in Malawi as such we need to be clear on the law on age marriage which must be eighteen years period not giving other confusing clause in the constitution. This section must be scrapped off to suit the current Marriage Act.
“We will continue engaging the government on matter as Malawians have expressed their concerns regarding to disparities on the two laws. Popularization of the current Marriage Act will be intensified across the nation in corroboration with our implementing partners that child marriage is reduced in the country”, assures Lungu.
Hivos’ child program aims at ending child marriages by creating conducive environment that prevents abuse and promotes and protects the rights of children especially the girl child through changing attitudes and beliefs, creating a suitable legal and policy atmosphere and women economic empowerment.
