Swaziland’s controversial
Sexual Offences and Domestic Violence (SODV) Bill may not become law unless it
is passed before the forthcoming election.
The Bill has been around in
some form since 2009.
An election is due later
this year at a date yet to be set by King Mswati III, who rules as sub-Saharan
Africa’s last absolute monarch. If a bill is not completed by the end
of a parliament it is usually shelved.
It is one of six bills yet to be finalised.
The Bill has been passed by
the House of Assembly and is now in the Senate. A Council of Chiefs also has to
study the Bill to advise the King on matters relating to Swati Law and Customs.
SODV has caused controversy
among traditionalists. The Swazi Observer
identified three areas of concern. 1. Flashing – as an act of revealing of private
body parts to another person or other people without their consent. ‘This
caused an uproar from traditionalists, who were worried that people wearing
traditional regalia could be classified under people who could be considered to
be flashing,’ the newspaper reported in April 2018.
2. Abduction – This is
forcibly taking someone away against their will. ‘Traditionalists also raised
their concerns here, saying at times, this could be used against people who
have taken their loved ones to stay with them for some time at a certain
place,’ the newspaper said.
3. Stalking – This is an
unwanted or obsessive attention by an individual or group towards another
person. ‘Traditionalists asked for protection on this issue, saying at times,
they would not be able to propose love to ladies because this could be
considered as stalking. Sometimes, a lady does not readily give in to a
proposal by a man. Therefore, it would be difficult to determine if a lady was
interested or not,’ the Observer
reported.
Marital rape is an other areas
that concerns traditionalists. At a meeting of the Deputy Prime Minister’s
Portfolio Committee, senators heard that marital rape was a ‘homewrecker’.
Senator Moi Moi Masilela said it could open floodgates for women to abuse the
law, the Times of Swaziland reported.
Senator Chief Kekela said
if the Bill passed into legislation without amendment, Swazi men in polygamous
marriages would find themselves getting arrested. The Times reported, ‘Chief Kekela said out of rage, a woman in a
polygamous marriage could end up using it against her husband to spite him. He
said jealousy prevailed in most of the marriages as the women always have
demands they make to their husbands and always want attention.’
In 2013, a 317-page document called The Indigenous Law and Custom of the
Kingdom of Swaziland (2013) was presented to King Mswati. It said that
under Swazi Law and Custom a husband could legally rape his wife or his lover.
Under Chapter 7, which addresses offences (emacala) in Swaziland, rape
is said to be committed only if the woman forced is not the man’s wife or
lover.
In April 2018, the International Commission of Jurists urged
Swaziland to pass the SODV Bill without delay to meet its obligations under regional
and international human rights laws to criminalise and sanction the
perpetrators of sexual and gender-based violence.
See also
SEX BILL HIGHLIGHTS CULTURE ISSUES
WIVES SAY HUSBANDS CAN RAPE THEM
https://swazimedia.blogspot.co.uk/2017/10/wives-say-husbands-can-rape-them.html
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