Ohangwena mother arrested for leaving newborn at church, raising safe-haven law questions

The recent arrest of a woman (36) who allegedly left her newborn baby at a church at Omingwelume in the Ohangwena region has sparked debate over what constitutes a legally recognised safe place for leaving infants.

In 2019, the government announced that mothers would not be prosecuted if they left unharmed newborns at designated safe places such as hospitals, police stations and registered places of safety.

The move was intended to discourage unsafe baby dumping and provide women with options in difficult circumstances, including the possibility of remaining anonymous when handing over a child.

However, the recent incident at Omingwelume has raised questions about what constitutes a ‘safe location’ for baby dumping.

Ohangwena police deputy commissioner Melanie Mburuu confirmed the woman’s arrest on 14 March, after the police initially announced they would not arrest her and only wanted to inquire about her circumstances.

Mburuu said the baby was abandoned at the church, which prompted the arrest.

“The day she left the baby at the church, it was a normal day, there weren’t any people coming to the church.

There was no one at the premises to take care of the child,” Mburuu said.

She explained that the infant was placed on the floor in a blanket in front of a toilet door.

“If there was somebody there, or if the child was left in front of the church door itself, it would have been different.

But in this case, the baby was left unattended, and anything could have happened,” she said.

Mburuu said the investigation considered the circumstances carefully.

“We looked at whether the place where she left the baby met the legal requirements for a designated safe place. Since it did not, the mother was arrested,” she said.

Regarding the legal proceedings, she confirmed: “The mother appeared in court and was granted bail of N$500.

She is out on bail, but I do not have the date for her next court appearance.”

Gender and social justice activist Rosa Namises says more consideration should be given to the circumstances under which the mother left the baby, instead of a hasty arrest.

The Child Care and Protection Act aims to protect children while also encouraging mothers to seek safer alternatives, instead of abandoning infants in dangerous conditions such as dump sites or bushes.

Namises says the mother may have been going through personal challenges that made it difficult for her to keep the baby.

“I don’t understand why the consideration of leaving the baby at the church is not being taken into account.

The child was left with care and concern, even though the mother may have been going through difficulties,” she says.

Namises says factors such as lack of support, possible postpartum depression, and the circumstances surrounding the pregnancy should be considered.

“We usually forget that women have postpartum depression. If it is a newborn baby, then that is also a possibility,” she says.

She adds that issues such as the pregnancy resulting from a rape, domestic abuse and lack of support from the infant’s father should also be examined.

“We need to look at all those things and not just merely take in the mother and make her guilty,” Namises says.

LEGAL CONSIDERATIONS

Human rights lawyer Norman Tjombe says it remains unclear whether the woman’s actions fall within the scope of the law.

“With that information it will be difficult to say whether she will be prosecuted.

The police and the prosecution will, for instance, have to look at whether or not the place at the church where she left the baby was safe,” he says.

Tjombe adds that the presence of a responsible person at the time would be a key factor.

The current Child Care and Protection Act states that a caregiver should not be prosecuted if a child is left in the care of a responsible person or at an approved place of safety, provided the child shows no signs of harm.

Ministry of Gender Equality and Child Welfare spokesperson Lucas Haufiku told The Namibian last week that the ministry has noted the recent case involving the arrest of a mother who abandoned her baby at what has been described as a “safe place.”

“While the intention to leave the child in a location perceived to be safe may be acknowledged, it is important to clarify that the Child Care and Protection Act sets out specific conditions that must be met for a location to be legally recognised as a designated safe place”.

Haufiku says section 227 of the act provides for the lawful relinquishment of a child, including the circumstances under which a parent may leave a child in a designated safe place without committing an offence.

“Crucially, for such relinquishment to be considered lawful, the child must be left in the physical care of a responsible person at a prescribed facility, such as a hospital, police station, fire station, school, or registered children’s home,” he said.

Haufiku emphasised that not every location qualifies as a safe place under the law.

He said where the conditions set out in the act are not fully met, the act of abandonment may still constitute an offence.

Independent Patriots for Change gender equality shadow minister Lilian Luthuezi says Section 254 of the act allows a mother to leave a newborn unharmed at a designated place of safety, such as a church, without facing prosecution.

She adds that the law should prioritise protecting babies over punishing distressed mothers.

Luthuezi says social workers should intervene and place the child in temporary care.

She has raised concern over a shortage of social workers, limited access to contraceptives, and a lack of functional shelters and urged authorities to strengthen awareness of safe haven provisions.

“If the baby was left unharmed at a church, arresting the mother was not the appropriate response and may discourage others from choosing safe options,” she says.

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