Judge orders immediate release of breast-feeding mom

Tania Broughton

DURBAN: A breast-feeding mom – who was arrested and detained on a charge of assault – has been released from custody after launching a high court application.

The case, which was dealt with by the Centre for Child Law and Advocate Deborah Ainslee, will now set a guideline to police when arresting breast-feeding moms 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.

Her brother and sister also lived at home and did not get on well.

Last Monday, there had been altercation between 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 in Mpumalanga and reported the incident. At about 8pm that night, the police arrived at our house and arrested by 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,” she said.

Nzimande added that they were both charged with assault with intention to do grievous bodily harm, kept overnight and taken to court the next day. Nzimande said she told the magistrate about her baby, arguing that he had a right to be fed and properly cared for.

“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 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.

She said arrest in a case of this nature was a “most drastic measure” and she could have been summonsed to appear in court or even granted “police bail” on the same night.

The state did not oppose the application and Judge Koen granted an order that Nzimande be released immediately from prison pending the finalisation of her bail application tomorrow.