Durban - A breast-feeding mother – who was arrested and detained on a charge of assault – has been released from custody after launching a high court application, arguing that her 5-month-old baby had a right to be fed and properly cared for.
The case, which was handled by the Centre for Child Law and advocate Deborah Ainslee, will now set a guideline to police when arresting breast-feeding mothers and for magistrates hearing bail applications in similar matters.
In her application, which came before Durban High Court Judge Piet Koen on Friday, 36-year-old Nombuso Nzimande said she had been living with her own mother since the birth of her son in May this year.
Her brother and sister also lived at home and did not get on well.
On Monday last week, there had been an altercation among all three of them.
“I believe that before my arrival a social worker had tried to improve their relationship, but up until then I had never before witnessed or been part of any physical violence.
“My sister apparently went straight to the police station at Mpumalanga and reported the incident. At about 8pm that night the police arrived at our house and arrested my brother and I. They were aware that I was breast-feeding because I literally had to remove my baby from my breast and pass him to my nephew.”
Nzimande said they were both charged with assault with intent to do grievous bodily harm, kept overnight and taken to court the next day. Nzimande said she told the magistrate about her 5-month-old baby, who was still being breast-fed.
“I told him that my mother is aged and has arthritis and high blood pressure. My baby is too heavy and she cannot lift him to comfort him or bath him.
“And I doubt my sister will help after she laid a charge against me, which she knows to be false.”
Nzimande said apart from the health benefits of breast-feeding, there was also a financial impact should the child refuse to go back to being breast-fed when she was eventually released.
The prosecutor said he was opposed to bail and, in the absence of the investigating officer, the magistrate adjourned the matter for two days.
She was kept at Westville Prison and on her second court appearance, on November 12, the bail application was again adjourned until November 17, despite her protests.
She said arrest in a case of this nature was a “most drastic measure” and she could have been summoned to appear in court or even granted “police bail” on the same night.
“The rights of the child are paramount and the court should have taken this consideration. I am being unlawfully detained and my son has been left vulnerable and in immediate danger of not having his most basic needs met.”
Judge Koen granted an order that Nzimande be released immediately from prison pending the finalisation of her bail application on Tuesday.
The Mercury
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