A 60-year-old sangoma who married a 13-year-old girl and paid lobola to her mother has been sentenced to five years in prison for statutory rape.
The traditional healer was acquitted of charges of sexual exploitation, trafficking and marrying a minor child.
But the state has indicated that it will appeal against the sentence.
The laws governing child marriages will also come under scrutiny after the verdict and the sentence.
The Commission for Gender Equality has also declared its intention to enter the fray.
The commission's Dennis Matotoka said they would engage the SA Law Commission "regarding the vacuum in our law created by the Children's Act, Marriage Act and Recognition of Customary Marriages Act".
In handing down the sentence against the sangoma, who cannot be named to protect the identity of the teenager, magistrate NV Semenya told the Mokerong Regional Court that while statutory rape was a serious offence, the law was silent on sexual acts committed with a minor in a customary marriage.
But prosecutor Mpho Sono said yesterday that she would appeal against the sentence.
"The accused was found guilty of statutory rape but not guilty of violating the Sexual Offences Act despite the fact that he had engaged in a sexual act with a minor.
"It is on this basis that I am going to appeal the sentence because I believe the sentence is lenient," said Sono.
"Such engagements would further clarify the position on minor children entering into marriages," said Matotoka.
He said they were still going to study the judgment "in-depth" in a quest to seek clarity on the consent of the validity of the marriage and the consent granted under the Sexual Offences Act.
The matter came to light two years ago after it emerged through social workers that the girl's mother had accepted lobolo for her daughter, who was 13 at the time.
The girl's mother turned state witness after being initially charged along with the sangoma who paid R5000 towards marrying the girl.
The girl has since been removed from the home of the sangoma and kept at a place of safety in Polokwane.
Sono said the girl was doing well in class as she was attending school at her new place of residence.
The sangoma looked frustrated as he went down to start serving his sentence.
frankm@sowetan.co.za
5 years for marrying minor
A 60-year-old sangoma who married a 13-year-old girl and paid lobola to her mother has been sentenced to five years in prison for statutory rape.
The traditional healer was acquitted of charges of sexual exploitation, trafficking and marrying a minor child.
But the state has indicated that it will appeal against the sentence.
The laws governing child marriages will also come under scrutiny after the verdict and the sentence.
The Commission for Gender Equality has also declared its intention to enter the fray.
The commission's Dennis Matotoka said they would engage the SA Law Commission "regarding the vacuum in our law created by the Children's Act, Marriage Act and Recognition of Customary Marriages Act".
In handing down the sentence against the sangoma, who cannot be named to protect the identity of the teenager, magistrate NV Semenya told the Mokerong Regional Court that while statutory rape was a serious offence, the law was silent on sexual acts committed with a minor in a customary marriage.
But prosecutor Mpho Sono said yesterday that she would appeal against the sentence.
"The accused was found guilty of statutory rape but not guilty of violating the Sexual Offences Act despite the fact that he had engaged in a sexual act with a minor.
"It is on this basis that I am going to appeal the sentence because I believe the sentence is lenient," said Sono.
"Such engagements would further clarify the position on minor children entering into marriages," said Matotoka.
He said they were still going to study the judgment "in-depth" in a quest to seek clarity on the consent of the validity of the marriage and the consent granted under the Sexual Offences Act.
The matter came to light two years ago after it emerged through social workers that the girl's mother had accepted lobolo for her daughter, who was 13 at the time.
The girl's mother turned state witness after being initially charged along with the sangoma who paid R5000 towards marrying the girl.
The girl has since been removed from the home of the sangoma and kept at a place of safety in Polokwane.
Sono said the girl was doing well in class as she was attending school at her new place of residence.
The sangoma looked frustrated as he went down to start serving his sentence.
frankm@sowetan.co.za
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