Medical officers must report to police
MBABANE - Medical officers have an obligation to report cases of child abuse to either a social worker or the police, according to the law.
Section 33(1) of the Children’s Protection and Welfare Act, 2012, states that if a medical officer believes on reasonable grounds that a child he/she is examining or treating is physically, psychologically, or emotionally injured, as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he/she shall immediately inform a social worker or police officer.
Subsection (2) of the same section states that any medical officer who fails to comply with Subsection (1) commits an offence and is liable on conviction to a fine not exceeding E10 000 or to imprisonment to a term not less than six months or both. According to the Sexual Offences and Domestic Violence (SODV) Act 15/2018, a child is a person under the age of 18 years.
RELATIONSHIP
Section 37(1) of the SODV Act states that a person who maintains a sexual relationship with a child commits an offence and shall, on conviction, be liable to a term of imprisonment not exceeding 20 years.
The Act in Section 70 (1) aligns with the Children’s Protection and Welfare Act, that any person who witnesses or receives any information of an offence under this Act or has reasonable grounds to believe that an offence under this Act has taken place or is about to take place, shall report the case to the police or the relevant structure.
Subsection (2) provides that a person who contravenes Subsection (1) commits an offence and is liable on conviction to pay a fine not exceeding E1 000 or a term of imprisonment not exceeding three months or both. Reacting to the healthcare professional’s position on turning a blind eye when minors come for an ANC visit and not reporting the matter, a legal expert questioned if it that was in the best interest of the child to turn a blind eye, inasmuch as they were seeing that a crime was committed. The senior lawyer, who commented anonymously, said even the doctor-patient confidentiality had limitations, when a crime had been committed. He explained that in this case, one may find that a child was abused and even threatened with death when she reported the abuse.
REPORT
He also stated that a report coming from a neutral person who saw that a crime had been committed, would help in ensuring that the law took its course. The attorney quoted Section 33(1) and (2) of the Children’s Protection and Welfare Act and Section 70 (1) of the SODV Act.
He mentioned that the SODVAct was a specific legislation that extended the protection of children who were sexually abused.
He emphasised that a person below the age of 18 years was a child. According to the senior attorney, the medical officer’s duty was to give full details to the police, who would then investigate.
He went on to allay fears of any information being made public, saying the police did not make announcements when investigating a case.
“The only thing needed from the medical officers is the medical form, to prove that there was sexual intercourse or penetration,” he said.
Meanwhile, the Acting Chief Police Information and Communications Officer, Assistant Superintendent Nosipho Mnguni, said the police acted upon all reported matters.
Mnguni said as long as a crime had been committed; they would work on it, as expected of the police. She said the first step was that, the matter needed to be reported so that they were aware that a crime had been committed.