A KwaZulu-Natal mother has been released with immediate effect from Westville Prison to breastfeed and care for her five-month-old son pending a formal bail application. The Centre for Child Law filed an urgent application to the Durban High Court on Friday for the release of the 36-year-old Hammarsdale woman‚ who was arrested a week ago for allegedly assaulting her sister.Despite indicating on her first court appearance that she was the primary caregiver of her child‚ the Hammarsdale Magistrate's Court on Thursday adjourned the matter without a formal bail hearing because the investigating officer was unavailable. The mother was again remanded back into custody at Westville Prison until her bail hearing which was scheduled to take place tomorrow (on Tuesday this week)."In making an application for bail I informed the magistrate that I have a 5-month-old baby who I am still breast feeding and who is wholly dependant on me.""I informed him also that my aged mother‚ would be required to be the primary care giver and that she is not in good medical health. She suffers from arthritis and high blood pressure. My baby weighs approximately 10kgs and my mother is unable to lift him to comfort him‚ change him or to bath him‚" the mother said in court papers presented to the High Court.She said only other potential caregivers were her nephew‚ in his twenties‚ and her sister‚ who had laid a charge of assault with the intent to do grievous bodily harm against her brother and her."I have been exceedingly confused and baffled as to her causing my arrest‚ by laying a charge which she knows to be false‚ and which has resulted in trauma for my child. It has lead to me doubting that she will assist in the care of my baby‚ and in fact fearful for my baby’s well being as this is so unexpected and shocking that I no longer know what she is capable of or what her thinking is or if she is even in her right mind at the moment‚" the mother said.She said the longer that she was detained the less chance there was that she would be able to resume breastfeeding her baby when I was released."Besides the obvious health benefits from breast feeding‚ in my social situation‚ the financial impact of not being able to breast feed my son will be enormous and will be long lasting.""At the time of my arrest‚ the arresting officer was well aware of the fact that I have a baby who is still being breastfed and is reliant on me for nourishment and care. I say this because when the police came to arrest my brother and me‚ I was at that very moment breastfeeding my baby‚ and had to remove him from my breast and pass him to my nephew who was present at home at the time‚" she said.The mother was further advised by the arresting officer to leave her baby at home as the holding cell at the police station was not a suitable environment for a child.In Westville Prison she was told that only prisoners who were arrested with their children in their care or had given birth in prison were allowed to keep their babies with them."Had I realised that I would still be in detention days later I would have refused to leave my baby behind‚ despite any unsuitable‚ even unhygienic‚ conditions‚ just to be able to be sure that my baby is fed and cared for‚" she said.Centre for Child Law director Professor Ann Skelton said since an important Constitutional Court case in 2007‚ courts have been required to always consider the effect of their orders on children of primary caregivers."This applies in situations of bail too. The court must be alert and must use detention as a last resort on such cases. This does not mean that a primary caregiver will never be imprisoned‚ but rather that where it is possible (considering factors like seriousness of offence‚ safety of community) non custodial measures should be used.""Children's best interests weigh heavily in favour of measures that do not separate them from their primary caregivers. This position was recently confirmed by the Supreme Court of Appeal‚" she said...