By Tania Broughton

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20 June 2008: In a rare case, a Durban woman has been convicted under the Child Care Act for forcing a child to beg.

Bayaphi Msomi, of Illovo, was found guilty by Durban regional court magistrate Mike Lasich of making her 10-year-old niece beg and of exposing her to danger in that she was savagely attacked by dogs while begging.

Lasich sentenced Msomi, 30, to six months in jail, or R10 000 suspended for three years, on condition that she was not convicted of any offence involving the abuse or neglect of a child under 16.

He further fined her R1 000, payable by the end of the month.

Msomi, a mother-of-four, was arrested in November 2006. She pleaded not guilty to the charge.

Evidence from her niece - who cannot be named because of her age - was that her aunt had "bought" a note from a sangoma which was "guaranteed" to raise money.

Neither could read English, so they did not know what it said.

She said she and her aunt went to a house in Amanzimtoti, where she was attacked by three dogs.

The dogs' owner testified that he went out that day, leaving his animals securely behind the gates. When he returned, he found the child had been attacked.

He called for an ambulance and the girl was taken to hospital. The man said that several months later he again saw the child begging in Msomi's company.

He was upset by this and phoned the police and had Msomi arrested.

Msomi claimed the child was not begging but merely accompanying her while she looked for work.

In a report submitted to the court, probation officer Kushmiri Garach said Msomi had never attended school because her family could not afford it, and she had worked as a domestic worker.

Note from the Webmaster

In terms of the new draft regulations under the Basic Conditions of Employment Act, a person using a child to be will be considered having committed a Worst Forms of Child Labour. The draft regulations require of a court, when sentencing a person under the regulations, to take into account that such an offence is considered serious.

The draft regulations are expected to be promulgated during 2008.

Also, in a case such as this the child may be considered a child in need of care and protection in terms of section 150 of the new Children’s Act. The situation of the child then needs to be investigated and appropriate action taken.