Swazi Media Commentary: SODV

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Friday, 3 November 2023

Swaziland Newsletter No. 801 – 3 November 2023

Swaziland Newsletter No. 801 – 3 November 2023

News from and about Swaziland, compiled by Global Aktion, Denmark (www.globalaktion.dk) in collaboration with Swazi Media Commentary (www.swazimedia.blogspot.com), and sent to all with an interest in Swaziland - free of charge.

Speakers name, shame at Sibaya

By Phephile Motau, Sifiso Nhlabatsi and Siboniso Nkambule, eSwatini Observer, 31 October 2023

SOURCE

It was literally a bad day in the office for chiefs at yesterday’s Sibaya as they came under fire from disgruntled members of the public who called upon the king to intervene in resolving disputes in their areas.

On a day when the rains came down at Sibaya, members of the public came down hard on chiefs, accusing them of failing the authorities in dealing with matters brought before them.

It was literally free rein on chiefs as well as those working closest with the authorities who were battered by several speakers in yesterday’s session.

Chief Mashampu, Chief Senzangakhona, Prince Matatezela, Themba Masuku and Chief Malambule were among a few who were in the firing line for the handling of several matters under their jurisdiction.

Having controlled the sessions since day one with authority and calm, the acting Ludzidzini Governor Mashampu Khumalo had his day in the rain when one speaker accused him of mishandling his case.

Khumalo is also Ezulwini Royal Kraal Chief and was an admirable picture of calm as his subject utilised his three minutes to make his grievance, telling Sibaya that he was now like a Palestinian living in the Gaza strip – claiming that he had been rendered homeless.

“In 2012 things changed and I was told that I did not belong to Mvutjini, yet the ID which I possess is registered under the same acting Ludzidzini Governor Mashampu,” Johannes Sikhosana stated, much to the surprise of Sibaya.

Despite that indvuna was standing a few metres away from him and in charge of the session, Sikhosana did not let off.

“Who am I to a person of a status of an attorney general, I have tried approaching His Majesty through Khandlela, however, I am always told to come back the following day,” Sikhosana narrated, to which the audience chuckled.

He said it was clear that the people next to His Majesty were letting him down. “Ngunaba bantfu labaseceleni kwakho labanemajobo lanemakhikhi,” Sikhosana stated in vernacular.

Another speaker, Ncamiso Dlamini from Vusweni under Chief Mandanda, told Sibaya of a dispute of two stamps in the area that was causing them no peace in his area.

Dlamini said they were failing to access funding from such organisations as the Inhlanyelo Fund due to the dispute.

He told Sibaya that they had tried to involve His Majesty, but they get sent away every time they try to see him.

Another speaker raised concerns about chiefs encroaching on their land at Vusweni.

Wilson Tsabedze said Vusweni has been without a chief for a longtime and in 2019 a chiefs’ council led by acting Ludzidzini Governor Themba Ginindza came to their chiefdom, alleging that they were sent by His Majesty King Mswati III.

Tsabedze said they were told that they were assessing the area to see if it was well taken care of. He explained that the Vusweni council led them and they were requested to draft every detail of the assessment down and produce a report.

He explained that the report was submitted to relevant authorities at Ludzidzini. According to Tsabedze, during COVID-19 pandemic, another team of princes came to Vusweni claiming that they were sent by His Majesty to introduce Prince Senzangakhona as the new chief of the area.

“We were requested to go to Ludzidzini and thank Their Majesties for the chief installation.

We came to Ludzidzini and we detailed the matter to the council and we were told that they don’t know anything. Even the king’s advisors, Liqoqo told us that they did not know anything,” Tsabedze said.

He went on to state that they were unable to do anything in their area which had even lead to nearby chiefdoms encroaching in their area.

“These chiefdoms for example, Sigombeni and Dlangeni under Chief Nsukumbili, they are taking our land. The land is finished,” he said.

To read more of this report, click here

http://new.observer.org.sz/details.php?id=21411

We were not given enough time [at Sibaya] – women

By Nonduduzo Kunene, Times of eSwatini print edition, 1 November 2023

MBABANE: Some of the women who have been attending Sibaya say they were not given enough opportunity to make submissions compared to males.

This resulted in some of them leaving Sibaya dejected after they were removed from the people who wanted to make submissions last Thursday. There was an outcry from the women’s section of Sibaya as they felt that the men were given more chances to speak. The first session is also known as ‘emanyeva’.

Throughout the submissions, the women would shout ‘sibuke phela natsi babe’ as the Sibaya Moderator Sifiso Mashampu Khumalo was selecting the people who wanted to make submissions. Some of the women, except for the panellists, even resorted to sneaking their way through the queue by sitting among the people who wanted to make submissions.

It was also noted that the number of women who were given the platform to speak was less than the number of men.

Some ended up making submissions when they were supposed to pose questions to the panellists.

One incident that left the women detected was the last session of emanyeva, where over 10 women stood up and joined the queue of the people who wanted to speak without being pointed by Khumalo. Just after they had joined the queue, Khumalo noted that there were a lot of people he hadn’t called to the front.

Elected PM debate - the constitution does not say the PM should not be a Dlamini - Percy

By Eugene Dube, Swati Newsweek 31 October, 2023

SOURCE

LOBAMBA: The battle for an elected prime minister is likely to continue for a long time in Swaziland.

Speaking to this Swati Newsweek Online today King’s Office spokesperson Percy Simelane said the King is free to appoint a prime minister of his choice.

Responding via a watsap text message Simelane said, "Our experience is that the King personally announces the end of Sibaya and, by extension, the end of submissions there of. Until that moment, normally submissions continue."

He concluded, "Sibaya, for decades, has been ending with the appointment of the next Prime Minister. (sic) We will conical to believe that this one is no different. Constitutionally thenext Prime Minister should be appointment. We would not be sure of the surname of the next Prime Minister because the Constitution allows the King to give the nation a premier of his choice. There is an argument now that the Constitution doesn't say the Premier should be a Dlamini, but then it slso doesn't say he/ she should not be a Dlamini. So the prerogative constitutionally rests with the King after consultations with his advisors."

Many believe King Mswati III will appoint the prime minister today.

See also

Sibaya postponed to Friday due to heavy rains

http://swazilandnews.co.za/fundza.php?nguyiphi=5453

Disappointment as Sibaya postponed, no new PM

http://www.times.co.sz/news/142464-disappointment-as-sibaya-postponed-no-new-pm.html

Former Economic Planning Minister Dr Thambo Gina: Let’s use a dialogue and a gun to deal with those promoting political instability in the country

http://swazilandnews.co.za/fundza.php?nguyiphi=5448

Killing of four (4) women by sheriff: We applaud the Times, SWAGAA for pushing the SODV Act

By Zweli Martin Dlamini, Swaziland News, 31 October, 2023

SOURCE

The role played by the Times of eSwatini and the Eswatini Action Group Against Abuse (SWAGAA) in exposing domestic violence and subsequently influencing the enactment of the Sexual Offenses and Domestic Violence(SODV) Act must be applauded.

Times Managing Editor Martin Dlamini, the then News Editor Nathie Gule and Editor Cassandra Shaw played a significant role in ensuring that, domestic violence is exposed and taken seriously in this country.

As an Editor myself, I know what it takes to try and shape the perspective of the society on a particular issue of public interest.

Without the consistent efforts and the collaboration between the media and the civil society, we wouldn’t have known that, we are facing a serious crisis in this country.

This week, Vusi Mncina, a Deputy Sheriff allegedly killed four (4) women at Goje TownShip-eZulwini, this incident suggests that, the media, law enforcement agencies and the civil society must vigorously work together to force government to declare Gender Based Violence (GBV) a national crisis.

Furthermore, we must demand answers from the relevant law enforcement agencies as to why women are abused and killed in this country despite the existence of the law that should be acting as a deterrence measure.

Well, at first it was hard for me to understand why the Times was consistently publishing domestic violence articles, but then I was still young in the media, the editors knew what they were doing and the SODV Act was the product of their efforts.

As the editor of this publication, I am also pledging this platform to women rights organizations, our society must be educated about GBV, we need to create awareness instead of reacting after such brutal incidents.

Information Ministry Principal Secretary (PS) Phesheya Dube says eSwatini has lost R177million through Cybercrime.

By Bongiwe Dlamini, Swaziland News, 1 November 2023

SOURCE

MBABANE: Phesheya Dube, the Principal Secretary (PS) in the Ministry of Information, Communication and Technology (ICT) says, eSwatini has lost R177million through Cybercrime.

Speaking during the launch of the Cybersecurity Awareness Month, the PS said, the aim of the campaign was to raise awareness on the responsibility of cybersecurity in Eswatini, build capabilities to prevent cyberthreats, promote the reporting of cyber incidents and further promote the adoption of secure online behaviour among emaSwati.

“We urge the youth, senior citizens, businesses, and the public to adopt secure online behaviours that will protect their digital lives and safeguard our national interest. Cybercrime is rising exponentially within our borders. The estimated cost of cybercrime in the Kingdom, from January 2022 to June 2023 is a staggering E177M, with online fraud accounting for a significant 95% of that cost. A deeply concerning trend is the increase in child trafficking cases, with 60% of these cases originating from social media platforms. We would like to reiterate our commitment to eradicating such heinous acts, that threaten the moral fibre of our society,” said the PS said quoted by Government online platforms on Wednesday.

On another note, Mvilawemphi Dlamini, the Chief Executive Officer (CEO) of the Eswatini Communications Commission (ESCCOM) said, the task of ensuring online safety lies on everyone’s shoulders.

“This enormous task of ensuring online safety in Eswatini lies on our shoulders because we cannot have a robust economy without the necessary safeguards for citizens. Cyber threats can lead to financial losses, reputation damage, and even legal implications”, he said.

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Wednesday, 30 September 2020

Swaziland High Court judge calls for debate on legalising abortion

A High Court judge in the deeply conservative kingdom of Swaziland (eSwatini) has started a debate about legalising abortion.

Judge Qinisile Mabuza heard a case involving a 26-year-old woman who was accused of causing the death of her four-year-old son, by drowning him in a river.

The eSwatini Observer reported that the child’s father had denied paternity, leaving her to rise the child herself. This prompted the judge to question what provisions were available for women who found themselves in similar situations.

The Swazi Constitution provides that abortion might be allowed on medical or therapeutic grounds, including where a doctor certifies that continued pregnancy will endanger the life or constitute a serious threat to the physical health of the woman; continued pregnancy will constitute a serious threat to the mental health of the woman; there is serious risk that the child will suffer from physical or mental defect of such a nature that the child will be irreparably seriously handicapped.

However, no law exists to put the constitutional provisions into effect.

According to the Observer, ‘In her subsequent remarks, she [Judge Mabuza] hinted that she viewed the current situation as shackling women’s autonomy, making an undertaking to tackle the current ban on abortion before she retires from the bench.

‘In fact, the learned judge believes it would be reasonable to allow women to make a decision on whether to perform an abortion.’

The Observer reported, she added some of the rights of women had been addressed through the 2018 Sexual Offences and Domestic Violence Act and it was time that society explored the possibility of legalising abortion as well.

Later, a number of representatives from organisations within Swaziland supported the idea of a debate. Acting Director Bongani Msibi of the Family Life Association of Swaziland (FLAS), a leader in Sexual and Reproductive Health and Rights delivery and youth programming in Swaziland, said the illegality of abortion often posed serious risks to women, and that legalisation could help to protect their reproductive and health rights.

Acting Director Zanele Thabede of Women and the Law of Southern Africa (WLSA) said abortion law reform should be discussed. She told the Observer it was important to have meaningful conversations whatever your beliefs about abortion.

Head of the Human Rights and Integrity Commission Sabelo Masuku said the group was in support of the call by the judge to have Swaziland revisit its position on abortion.

Because abortions are illegal in Swaziland it is difficult to say accurately how many are performed in the kingdom. However, in August 2018 the Times of Swaziland reported that every month, nurses at the Raleigh Fitkin Memorial (RFM) Hospital in Manzini attended more than 100 cases of young women who had committed illegal abortions.

The IRIN news agency, quoting FLAS reported that in October 2012 more than 1,000 women were treated for abortion-related complications at a single clinic in Swaziland.

Monday, 12 August 2019

Swaziland MP calls for arrest of pregnant teenagers so they can be ‘corrected’

A member of parliament in Swaziland / eSwatini Michael Masuku called for teenagers who become pregnant to be arrested so they can be corrected and learn from their mistakes.

The Deputy Prime Minister Themba Masuku said that it was crucial to evaluate if the teenagers fell pregnant willingly or were abused, before considering enacting a law that would criminalise teenage pregnancy.

The submission was made at a workshop of members of parliament.

The Times of Swaziland reported Michael Masuku said, ‘Teenage pregnancy should be a punishable offence to reduce its escalating rate in the country.’

It added, ‘Masuku suggested that there should be a law that stipulates an age when girls who are found pregnant should be arrested for a year so that they may be corrected and learn from their mistakes.

‘The MP said teenage pregnancy should be made a punishable offence, just like offences under the Sexual Offences and Domestic Violence (SODV) Act.’

The newspaper added, ‘In this way, the MP stated that minor girls would refrain from having early sexual intercourse, which ultimately led to pregnancies and school dropouts.’

The Times reported, ‘Responding, DPM Themba Masuku highlighted that it was crucial to evaluate if the teenagers fell pregnant willingly or were abused, before considering enacting a law that would criminalise teenage pregnancy.’

In Swaziland, the law states that the age of consent for sexual intercourse is 18. The SODV that came into effect in 2018 makes it a crime to have sex with someone under that age. It states that a person under 18 is ‘incapable in law of appreciating the nature of the sexual act’.

Therefore, in law, the criminal in such cases is the man and not the woman.

Teenage pregnancy in Swaziland has been a concern for many years. The Ministry of Sports, Culture, and Youth Affairs in the Swaziland State of the Youth Report 2015, stated that in 2007, teenage pregnancy was at 24 percent and over the years it has not shown much decline despite attempts at education and other interventions.

The report stated, ‘Pregnancy among girls less than 18 years of age has a number of negative consequences. It violates the rights of girls and can pose life-threatening consequences.’

It added, ‘Early pregnancy can have lasting negative effects in terms of sexual and reproductive health for young women and it poses high development costs for communities, particularly in perpetuating the cycle of poverty.’

In 2014, 16.7 percent of women between 20-24 had at least one live birth before 18 years of age.’

Young people in Swaziland begin engaging in sexual activity at an early age. The average age at first intercourse in Swaziland is 16 years for girls and 18 years for boys. Delaying first sexual intercourse is strongly linked with more years of education in young women, and a reduced risk to HIV exposure and early pregnancy.

The MPs workshop was told that 1,046 girls had dropped out of school due to teenage pregnancy. The DPM’s Office presently has a campaign to reduce pre-teen, teenage and post-teenage pregnancies by 50 per cent by 2023.

Saturday, 10 August 2019

Call to declare murders of women and children in Swaziland a national emergency

Campaigners in Swaziland / eSwatini want the increase in murders of women and children to be declared a national emergency.

The number of victims is increasing and ‘has reached alarming proportions’, they say.

People from across all sectors of civil society marched through Manzini, the main commercial city of Swaziland / eSwatini, to draw attention to killing of women and children in the kingdom.

It was organised by Women and Law in Southern Africa (WLSA) and included participants from the Council of Swaziland Churches (CSC), Swaziland Action Group Against Abuse (SWAGAA), World Vision, Kwakha Indvodza (KI), Swaziland National Association of Teachers (SNAT), Trade Union Congress of Swaziland (TUCOSWA), Swaziland Union of Students (SNUS), Swaziland Rural Women’s Assembly (SRWA), SOS Children’s Village and Coalition of Informal Economy Associations of Swaziland (CIEAS).

In a statement WLSA said, ‘This march was triggered by the fact that over the past few months, we have been reading reports of women and children being murdered by their husbands/partners and fathers, respectively. With the Sexual Offences and Domestic Violence (SODV) Act having been passed into law, the question on many people’s minds is why the violence and killings are continuing despite the harsh sentences that the Act prescribes.

‘It would appear that the violence is increasing rather than decreasing and this trend is worrying to say the least. Many are placing the blame of the “increase” on the enactment of the SODV Act, though they are unable to explain why they arrive at this supposition.’

It added, ‘The prevalence of violence has reached alarming proportions and the country needs to declare it an emergency. Perhaps there is a need to address it in the same manner as the HIV pandemic was addressed, and design programmes specifically for this. Resources should be availed to drive the programmes for their effectiveness.’

WLSA added, ‘There is a very alarming component to the latest murders that people seem not to notice. These killings are not carried out in impulse or in the heat of the moment; what could be called crimes of passion. The latest killings have been premeditated by the perpetrator; this is evident from the choice of weapon that the perpetrator uses. The use of guns, poison and even drowning shows that there was some planning that took place before the crime was committed. So we then come back to the question of why the perpetrator opted for murder than another solution.

‘This question is particularly relevant when taking into account that some of these murders are committed in the presence of other people, with no attempt to hide the evidence or to evade prosecution.’

The call for action echoes one made by the United Nations Population Fund (UNFPA) in September 2018. It said it would support the kingdom’s government and make gender-based violence (GBV) a national crisis. UNFPA’s Officer In Charge Margaret Thwala-Tembe told a workshop that marginalised and vulnerable groups such as persons living with disabilities and LGBTI should be included.

In December 2018 Deputy Prime Minister Themba Masuku said, ‘Government recognises the need to eradicate violence especially gender-based Violence at all levels for better quality of life for the country. GBV calls for political commitment from the policy makers, executive and the judiciary.’

Photograph of the march sourced from Facebook

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Friday, 3 November 2023

Swaziland Newsletter No. 801 – 3 November 2023

Wednesday, 30 September 2020

Swaziland High Court judge calls for debate on legalising abortion

Monday, 12 August 2019

Swaziland MP calls for arrest of pregnant teenagers so they can be ‘corrected’

Saturday, 10 August 2019

Call to declare murders of women and children in Swaziland a national emergency