The girl child: Premature marriage a cause of concern
In the previous epistle we defined the concept gender and tried to investigate and expose the dark side of gender effects in a society like Zimbabwe, a society deeply rooted in patriarchy. We also realised that the problems affecting the girl child emanate from socialisation and are far from being natural!
This article will discuss some of the corrective measures invoked in an effort to try and address the effects of gender- induced girl child marriages and reference will also be had of comparative analysis with other jurisdictions elsewhere.
What then is the modus Vivendi? First and foremost members of the community, as i see it, need to be vigilant and report cases of girl child marriages. Remember prior the coming into being of the Zimbabwean Codification and Reform Act chapter 9:23 (Act 232004)there was a statutory provision that made it an offence to have carnal knowledge of a girl below 16 years given her mental immaturity. And the fact that she had given consent was no defence at all then.
Sadly, the current Zimbabwean Codification and Reform Act section 64(2) has made the already bad situation worse by further lowering the girl‘s consenting age to a mere 14 years. That revelation is shocking and not meant for the faint-hearted or those of a nervous disposition lest they collapse!
Admittedly, according to the Zimbabwean Marriage Act (section 22) a person who has attained 16 years can marry but parental consent is a prerequisite. Even then 16 years, as I see it, is too early given that biologically speaking her physical features would still be developing and, besides, it is still a school going age.
As such, one does not need to be a fire-eating or fire-spitting feminist to realise that marrying such a person will be a gross violation of her constitutionally entrenched fundamental right to education. The fact that our family laws allow the Minister discretion to condone the marriage of a girl below 16 years does not help the situation either. (section 22:1 of the Zimbabwean Marriage Act 5:1 of 1996).
Law makers should therefore elevate the girl’s marriageable age to at least 18 years ,the legal majority age ,and that’s the situation obtaining in most civilised jurisdictions .Very deterrent punishments should be imposed on those who violate this law.
The girl‘s consenting age must be in line the constitutionally entrenched marriageable age, that is, eighteen (Section 78 of the Zimbabwean constitution). It is also ironic to realise that married womenbelow the age of 18 cannot exercise their democratic right to cast their votes in elections yet our law of persons provides that when once a person who is below that age gets married she automatically graduates into a major.
That status cannot be revoked even if she gets widowed or divorced. In our country the constitution is the supreme law of the land and, through statutory interpretation, our judiciary should interpret the above section so as to uphold the bill of rights component of the constitution.
Given the limited space and time available, this paper will not venture into the meaning and interpretation of the wording’—any law that is inconsistent with the constitution will be declared null and void to the extent of those inconsistencies’but underline the words’ to the extent of those inconsistencies’.
As I see it, we need more women in the August House if the gender equation is to be balanced. At the moment we have at most 4 female legislators in Botswana‘s National Assembly. Considering that women do not vote for each other, the quota system net in our law needs to be stretched far and wide to cater for more female legislators in the name of the Affirmative Action. These women will be a check and balance or monitoring mechanism to ensure that the tendency to pass retrogressive legislation recedes into the background and be a thing of the past.
Over and above that, our mindsets, as I see it, need to be changed .Remember the concept ‘gender ‘ is a social construct and can be deconstructed through education ,both formal and informal. In this age formal education is the chief socialising agent .Informally the elderly at home, who mould or deflower the girl’s virgin mind, must inculcate progressive ideas into the girl’s mind and make her informed about her entitlements.
However, it is quite refreshing to note that Zimbabwe‘s criminal law provides a number of offences and punitive measures regarding those who deliberately infect other people with sexually transmitted diseases, and even HIV (sections 78 – 80 of the Zimbabwean Codification and Reform Act).
This information needs to be disseminated to all and sundry, including both the predator and the prey. It is also heart-warming to note that we have parted ways with the unwritten common law and our criminal law is now written and hence accessible to everyone.
Being forewarned, through this information, is being forearmed in the light of the Latin maxim ”ignoratia juris nomi nem excusat” (ignorance of the law is no defenceexcuse).see section 236(1) (b) of the Zimbabwean Codification and Reform Act.
It is also quite refreshing indeed to note that lawyers, when interpreting pieces of legislation, have to have certain presumptions of statutory interpretation at the forefront of the minds as well. One of them is that the legislature did not intend to go against the constitution. Consequently, they would give an interpretation that harmonises with the spirit and purport of the constitution, though in practice that interpretation might not necessarily have been the one intended by the legislature.
Before concluding this discussion we also need to invoke comparative analysis in order to check how other jurisdictions elsewhere are handling the same problem. For that purpose we are going to explore Botswana law.
Section 14 of the Marriage Act 29:01 of Botswana provides that a person who is below 18 years may not contract a valid marriage. I hope the use of the permissive modal verb ‘may’ is not by design but by accident. What is more, section 147 of this country‘s penal code makes it criminal to have an unlawful sexual encounter with a girl who has not attained 16 years and that crime is called defilement.
The flaw of this provision is that subsection 5 of the same section provides that it is a valid defence to prove that one is married to the under -aged girl or, alternatively, to prove that one had reasonable grounds to believe and in fact genuinely believed that the girl in question had come of age. Here the court would have the unenviable task to investigate and expose the existence or otherwise of both negligence and intension, in which case it would have to invoke both the objective and subjective tests.
Maybe the legislators had in mind a situation where someone instituted such a marriage elsewhere, outside Botswana, where it is admissible and then eventually came to settle in Botswana.We call this phenomenon ‘a conflict of laws’,(that is, a conflict between the Marriage Act and the penal code).
Mind you, the penal code does not criminalise mere carnal knowledge ,but ‘unlawful carnal knowledge’ and the inclusion of the adjective ‘unlawful’ is not by accident but by design and to produce a desired effect!. (We shall explore this provision next week when we discuss some of the flaws in our penal code when dealing with vulnerable people).
Still on that note, the Botswana customary laws permit a girl who has attained 13 years to marry. At this age she would have attained puberty and, thus, ripe for marriage. This is another example of intra conflict of laws and where customary law clashes with legislation then legislation prevails.
As can be seen, the girl child is in trouble, not only in Zimbabwe and Botswana, but across the globe given that, despite the fact that the concept globalisation is in constant use, there is no universally accepted age at which she can give consent.
In France, for example, the consenting age is 15 while Russia, during the Soviet Union days, considered the attainment of sexual maturity’ and that term is quite promiscuous or relative in nature. Islamic societies lower their consenting age while European nations range from 14 to 16. The United states vary from one state to another. In some states it can be as low as 12 years.
Generally, these differences are influenced by cultural variations in the different locations. On the whole, most societies have fixed the age at 16.And having said that, the world must forge a common age and enforcement of that age must be strictly enforced through international instruments.
What is the position of international law on this issue? The weakness that we have with international law is that it can only be invoked on a state that has ratified any of its Conventions or treaties and non ratification means that that state is not bound to follow that law.
Even if a signatory, the united Nations which has, more often than not been arm -twisted by America, is only active when American interests are at stake .Furthermore ,member states are not bound to act parrot to the International law but must customise it to suit local political, economic, social, cultural and environmental factors obtaining in that country.
For example, Zimbabwe has ratified the United Nations Convention on the Rights of the Child and the good news is that the Convention defines a child as someone a child who has not attained the age of 18 but its weakness lies on the domestication of the Convention by different countries . Accordingly, the state is at liberty to define majority age according its own domestic legislation.
Suppose according to the domestic law it stood at 14 years? It goes without saying, on that basis, that a country is free to exploit the girl age and the global vision of reducing poverty on the part of women cannot be realisedwill remain a pipedream.
In conclusion, the girl child’s rights, just like those of the Asian tiger, as i see it, are galloping into extinction and must be protected at all costs and our constitution must have express provisions to that effect. In fact the entire legal system (common law, statutes, customary law etc) and, even religion, need a shakeup of earthquake proportions if we are to win the battle against the abuse of the girl child.
As already alluded to, the judiciary, the watchdog for the Bill of rights, must, through statutory interpretation, interpret pieces of legislation and all other sources of law in such a way that they must be intra vires the constitution. Also feminist groups must double their efforts in this fight if it is to be crowned with success. Everyone in the community needs to be educated on the rights of the girl child. It is never too late to mend. Also it is better late than never.
Kungwengwe-man-ia returns
Charles kungwengwe is a law lecturer at Gaborone University College of law in Botswana and a self styled gender activist.
Opinions
IEC Disrespects Batswana: A Critical Analysis
The Independent Electoral Commission (IEC) has recently faced significant criticism for its handling of the voter registration exercise. In this prose I aim to shed light on the various instances where the IEC has demonstrated a lack of respect towards the citizens of Botswana, leading to a loss of credibility. By examining the postponements of the registration exercise and the IEC’s failure to communicate effectively, it becomes evident that the institution has disregarded its core mandate and the importance of its role in ensuring fair and transparent elections.
Incompetence or Disrespect?
One possible explanation for the IEC’s behavior is sheer incompetence. It is alarming to consider that the leadership of such a critical institution may lack the understanding of the importance of their mandate. The failure to communicate the reasons for the postponements in a timely manner raises questions about their ability to handle their responsibilities effectively. Furthermore, if the issue lies with government processes, it calls into question whether the IEC has the courage to stand up to the country’s leadership.
Another possibility is that the IEC lacks respect for its core clients, the voters of Botswana. Respect for stakeholders is crucial in building trust, and clear communication is a key component of this. The IEC’s failure to communicate accurate and complete information, despite having access to it, has fueled speculation and mistrust. Additionally, the IEC’s disregard for engaging with political parties, such as the Umbrella for Democratic Change (UDC), further highlights this disrespect. By ignoring the UDC’s request to observe the registration process, the IEC demonstrates a lack of regard for its partners in the electoral exercise.
Rebuilding Trust and Credibility:
While allegations of political interference and security services involvement cannot be ignored, the IEC has a greater responsibility to ensure its own credibility. The institution did manage to refute claims by the DISS Director that the IEC database had been compromised, which is a positive step towards rebuilding trust. However, this remains a small glimmer of hope in the midst of the IEC’s overall disregard for the citizens of Botswana.
To regain the trust of Batswana, the IEC must prioritize respect for its stakeholders. Clear and timely communication is essential in this process. By engaging with political parties and addressing their concerns, the IEC can demonstrate a commitment to transparency and fairness. It is crucial for the IEC to recognize that its credibility is directly linked to the trust it garners from the voters.
Conclusion:
The IEC’s recent actions have raised serious concerns about its credibility and respect for the citizens of Botswana. Whether due to incompetence or a lack of respect for stakeholders, the IEC’s failure to communicate effectively and handle its responsibilities has damaged its reputation. To regain trust and maintain relevance, the IEC must prioritize clear and timely communication, engage with political parties, and demonstrate a commitment to transparency and fairness. Only by respecting the voters of Botswana can the IEC fulfill its crucial role in ensuring free and fair elections.
Opinions
Fuelling Change: The Evolving Dynamics of the Oil and Gas Industry

The Oil and Gas industry has undergone several significant developments and changes over the last few years. Understanding these developments and trends is crucial towards better appreciating how to navigate the engagement in this space, whether directly in the energy space or in associated value chain roles such as financing.
Here, we explore some of the most notable global events and trends and the potential impact or bearing they have on the local and global market.
Governments and companies around the world have been increasingly focused on transitioning towards renewable energy sources such as solar and wind power. This shift is motivated by concerns about climate change and the need to reduce greenhouse gas emissions. Africa, including Botswana, is part of these discussions, as we work to collectively ensure a greener and more sustainable future. Indeed, this is now a greater priority the world over. It aligns closely with the increase in Environmental, Social, and Governance (ESG) investing being observed. ESG investing has become increasingly popular, and many investors are now looking for companies that are focused on sustainability and reducing their carbon footprint. This trend could have significant implications for the oil and fuel industry, which is often viewed as environmentally unsustainable. Relatedly and equally key are the evolving government policies. Government policies and regulations related to the Oil and Gas industry are likely to continue evolving with discussions including incentives for renewable energy and potentially imposing stricter regulations on emissions.
The COVID-19 pandemic has also played a strong role. Over the last two years, the pandemic had a profound impact on the Oil and Gas industry (and fuel generally), leading to a significant drop in demand as travel and economic activity slowed down. As a result, oil prices plummeted, with crude oil prices briefly turning negative in April 2020. Most economies have now vaccinated their populations and are in recovery mode, and with the recovery of the economies, there has been recovery of oil prices; however, the pace and sustainability of recovery continues to be dependent on factors such as emergence of new variants of the virus.
This period, which saw increased digital transformation on the whole, also saw accelerated and increased investment in technology. The Oil and Gas industry is expected to continue investing in new digital technologies to increase efficiency and reduce costs. This also means a necessary understanding and subsequent action to address the impacts from the rise of electric vehicles. The growing popularity of electric vehicles is expected to reduce demand for traditional gasoline-powered cars. This has, in turn, had an impact on the demand for oil.
Last but not least, geopolitical tensions have played a tremendous role. Geopolitical tensions between major oil-producing countries can and has impacted the supply of oil and fuel. Ongoing tensions in the Middle East and between the US and Russia could have an impact on global oil prices further, and we must be mindful of this.
On the home front in Botswana, all these discussions are relevant and the subject of discussion in many corporate and even public sector boardrooms. Stanbic Bank Botswana continues to take a lead in supporting the Oil and Gas industry in its current state and as it evolves and navigates these dynamics. This is through providing financing to support Oil and Gas companies’ operations, including investments in new technologies. The Bank offers risk management services to help oil and gas companies to manage risks associated with price fluctuations, supply chain disruptions and regulatory changes. This includes offering hedging products and providing advice on risk management strategies.
Advisory and support for sustainability initiatives that the industry undertakes is also key to ensuring that, as companies navigate complex market conditions, they are more empowered to make informed business decisions. It is important to work with Oil and Gas companies to develop and implement sustainability strategies, such as reducing emissions and increasing the use of renewable energy. This is key to how partners such as Stanbic Bank work to support the sector.
Last but not least, Stanbic Bank stands firmly in support of Botswana’s drive in the development of the sector with the view to attain better fuel security and reduce dependence risk on imported fuel. This is crucial towards ensuring a stronger, stabler market, and a core aspect to how we can play a role in helping drive Botswana’s growth. Continued understanding, learning, and sustainable action are what will help ensure the Oil and Gas sector is supported towards positive, sustainable and impactful growth in a manner that brings social, environmental and economic benefit.
Loago Tshomane is Manager, Client Coverage, Corporate and Investment Banking (CIB), Stanbic Bank Botswana
Opinions
Brands are important

So, the conclusion is brands are important. I start by concluding because one hopes this is a foregone conclusion given the furore that erupts over a botched brand. If a fast food chef bungles a food order, there’d be possibly some isolated complaint thrown. However, if the same company’s marketing expert or agency cooks up a tasteless brand there is a country-wide outcry. Why? Perhaps this is because brands affect us more deeply than we care to understand or admit. The fact that the uproar might be equal parts of schadenfreude, black twitter-esque criticism and, disappointment does not take away from the decibel of concern raised.
A good place to start our understanding of a brand is naturally by defining what a brand is. Marty Neumier, the genius who authored The Brand Gap, offers this instructive definition – “A brand is a person’s gut feel about a product or service”. In other words, a brand is not what the company says it is. It is what the people feel it is. It is the sum total of what it means to them. Brands are perceptions. So, brands are defined by individuals not companies. But brands are owned by companies not individuals. Brands are crafted in privacy but consumed publicly. Brands are communal. Granted, you say. But that doesn’t still explain why everybody and their pet dog feel entitled to jump in feet first into a brand slug-fest armed with a hot opinion. True. But consider the following truism.
Brands are living. They act as milestones in our past. They are signposts of our identity. Beacons of our triumphs. Indexes of our consumption. Most importantly, they have invaded our very words and world view. Try going for just 24 hours without mentioning a single brand name. Quite difficult, right? Because they live among us they have become one of us. And we have therefore built ‘brand bonds’ with them. For example, iPhone owners gather here. You love your iPhone. It goes everywhere. You turn to it in moments of joy and when we need a quick mood boost. Notice how that ‘relationship’ started with desire as you longingly gazed upon it in a glossy brochure. That quickly progressed to asking other people what they thought about it. Followed by the zero moment of truth were you committed and voted your approval through a purchase. Does that sound like a romantic relationship timeline. You bet it does. Because it is. When we conduct brand workshops we run the Brand Loyalty ™ exercise wherein we test people’s loyalty to their favourite brand(s). The results are always quite intriguing. Most people are willing to pay a 40% premium over the standard price for ‘their’ brand. They simply won’t easily ‘breakup’ with it. Doing so can cause brand ‘heart ache’. There is strong brand elasticity for loved brands.
Now that we know brands are communal and endeared, then companies armed with this knowledge, must exercise caution and practise reverence when approaching the subject of rebranding. It’s fragile. The question marketers ought to ask themselves before gleefully jumping into the hot rebranding cauldron is – Do we go for an Evolution (partial rebrand) or a Revolution(full rebrand)? An evolution is incremental. It introduces small but significant changes or additions to the existing visual brand. Here, think of the subtle changes you’ve seen in financial or FMCG brands over the decades. Evolution allows you to redirect the brand without alienating its horde of faithful followers. As humans we love the familiar and certain. Change scares us. Especially if we’ve not been privy to the important but probably blinkered ‘strategy sessions’ ongoing behind the scenes. Revolutions are often messy. They are often hard reset about-turns aiming for a total new look and ‘feel’.
Hard rebranding is risky business. History is littered with the agony of brands large and small who felt the heat of public disfavour. In January 2009, PepsiCo rebranded the Tropicana. When the newly designed package hit the shelves, consumers were not having it. The New York Times reports that ‘some of the commenting described the new packaging as ‘ugly’ ‘stupid’. They wanted their old one back that showed a ripe orange with a straw in it. Sales dipped 20%. PepsiCo reverted to the old logo and packaging within a month. In 2006 Mastercard had to backtrack away from it’s new logo after public criticism, as did Leeds United, and the clothing brand Gap. AdAge magazine reports that critics most common sentiment about the Gap logo was that it looked like something a child had created using a clip-art gallery. Botswana is no different. University of Botswana had to retreat into the comfort of the known and accepted heritage strong brand. Sir Ketumile Masire Teaching Hospital was badgered with complaints till it ‘adjusted’ its logo.
So if the landscape of rebranding is so treacherous then whey take the risk? Companies need to soberly assess they need for a rebrand. According to the fellows at Ignyte Branding a rebrand is ignited by the following admissions :
Our brand name no longer reflects our company’s vision.
We’re embarrassed to hand out our business cards.
Our competitive advantage is vague or poorly articulated.
Our brand has lost focus and become too complex to understand. Our business model or strategy has changed.
Our business has outgrown its current brand.
We’re undergoing or recently underwent a merger or acquisition. Our business has moved or expanded its geographic reach.
We need to disassociate our brand from a negative image.
We’re struggling to raise our prices and increase our profit margins. We want to expand our influence and connect to new audiences. We’re not attracting top talent for the positions we need to fill. All the above are good reasons to rebrand.
The downside to this debacle is that companies genuinely needing to rebrand might be hesitant or delay it altogether. The silver lining I guess is that marketing often mocked for its charlatans, is briefly transformed from being the Archilles heel into Thanos’ glove in an instant.
So what does a company need to do to safely navigate the rebranding terrain? Companies need to interrogate their brand purpose thoroughly. Not what they think they stand for but what they authentically represent when seen through the lens of their team members. In our Brand Workshop we use a number of tools to tease out the compelling brand truth. This section always draws amusing insights. Unfailingly, the top management (CEO & CFO)always has a vastly different picture of their brand to the rest of their ExCo and middle management, as do they to the customer-facing officer. We have only come across one company that had good internal alignment. Needless to say that brand is doing superbly well.
There is need a for brand strategies to guide the brand. One observes that most brands ‘make a plan’ as they go along. Little or no deliberate position on Brand audit, Customer research, Brand positioning and purpose, Architecture, Messaging, Naming, Tagline, Brand Training and may more. A brand strategy distils why your business exists beyond making money – its ‘why’. It defines what makes your brand what it is, what differentiates it from the competition and how you want your customers to perceive it. Lacking a brand strategy disadvantages the company in that it appears soul-less and lacking in personality. Naturally, people do not like to hang around humans with nothing to say. A brand strategy understands the value proposition. People don’t buy nails for the nails sake. They buy nails to hammer into the wall to hang pictures of their loved ones. People don’t buy make up because of its several hues and shades. Make up is self-expression. Understanding this arms a brand with an iron clad clad strategy on the brand battlefield.
But perhaps you’ve done the important research and strategy work. It’s still possible to bungle the final look and feel. A few years ago one large brand had an extensive strategy done. Hopes were high for a top tier brand reveal. The eventual proposed brand was lack-lustre. I distinctly remember, being tasked as local agency to ‘land’ the brand and we outright refused. We could see this was a disaster of epic proportions begging to happen. The brand consultants were summoned to revise the logo. After a several tweaks and compromises the brand landed. It currently exists as one of the country’s largest brands. Getting the logo and visual look right is important. But how does one know if they are on the right path? Using the simile of a brand being a person – The answer is how do you know your outfit is right? It must serve a function, be the right fit and cut, it must be coordinated and lastly it must say something about you. So it is possible to bath in a luxurious bath gel, apply exotic lotion, be facebeat and still somehow wear a faux pas outfit. Avoid that.
Another suggestion is to do the obvious. Pre-test the logo and its look and feel on a cross section of your existing and prospective audience. There are tools to do this. Their feedback can save you money, time and pain. Additionally one must do another obvious check – use Google Image to verify the visual outcome and plain Google search to verify the name. These are so obvious they are hopefully for gone conclusions. But for the brands that have gone ahead without them, I hope you have not concluded your brand journeys as there is a world of opportunity waiting to be unlocked with the right brand strategy key.
Cliff Mada is Head of ArmourGetOn Brand Consultancy, based in Gaborone and Cape Town.
cliff@armourgeton.com