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WE UNAPOLOGETICALLY SAY NO!

05/05/2019 07:59:00 BY SIBONGINKOSI MAMBA

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This lovely Kingdom of Eswatini is perceived to be a homogeneous society with minimal divisions along clan or tribal lines. This makes it a lot easier for us to agree and agree to disagree at times. We are a united force.

We strive for a united front with an almost relative ease. In the face of adversity, we have managed to triumph because we are one. Consensus is what we believe in. It is a mantra that our leaders embraced and instilled in us as we draw towards 2022.
And I have always marvelled at how we successfully disable and untie knots of division and eventually come to unison.

But suddenly, there is a piece of legislation that has set tongues wagging. It is called the Sexual Offences and Domestic Violence Act 2018 (SODV).
It is there to provide for matters concerning sexual offences and domestic violence, prevention and the protection of all persons from harm, and to provide for matters incidental thereto. And I am not qualified to go into its contents and interpretation thereof. No.
But my interest has been piqued by the debates that have spontaneously erupted since the news that the said Act is biting.

uproar ALL OVER

The uproar is not only among commoners but from members of Parliament as well. First it was reported that Nkhaba Member of Parliament, Zakhele Magongo, raised his concerns and allegedly called for certain amendments in some parts of the Act.
Motshane, MP Robert Magongo, has also added his weight and voiced out his feelings as well. According to the Times of Swaziland Sunday, 28 April 2019, Magongo is alleged to have stated that the SODV Act was unSwati.
He lamented the fact that as a result of the Act, men can no longer propose love to girls. He is alleged to have called for the amendment of the Act despite observing that it was very helpful in curbing domestic violence.

Both honourable members of the august house were expressing their views and we have no qualms about that.
But I have a gripe with those who feel this piece of legislation will shrink their pride and elevate women to a status which will humiliate them. Those would be depraved minds that harbour nothing but abuse of women and children.

restore their manliness

Those would be patriarchs whose macho is threatened and they are itching to prove themselves and restore their manliness at the expense of our sisters.
And we vehemently and unapologetically say no to such minds. This is because we are very much aware that underneath their distaste for such a piece of legislation, lies minds that are full of nothing but atrocity.

The peal of noise they are peddling or intending to stir, is informed by a whisper of abuse in their minds. They have suddenly woken up from their slumber. Why if I may ask?
Not long ago they were purring like contented cats as if nothing bothered them when it came to issues of the fairer sex.

Their quietness you would swear, was by some form of design. But now they want to form a band of zealots whose aim is to water down the efforts of Parliament. Why?
And if I may highlight, the process of law-making in this beautiful country is very inclusive.
This is despite that the legislative authority vests with that august house which is empowered by the Constitution of the Kingdom of Eswatini. And that process of law-making starts with discussions at the concerned ministry or department dealing with a particular issue.

The discussion which gives birth to a document called a Bill is then published so that anyone interested can give their comments, suggestions and ideas. However, my interest or emphasis is on the invitation of interested parties or individuals to make comments or suggestions way before the Bill is passed into a law.
And I want to believe the SODV Act of 2018 went on the same process. Individuals, associations and organisations alike, were made aware and invited to make their submissions.

completely wipe out abuse

Furthermore, I strongly believe that all the parties concerned saw the need for an Act that would disable and completely wipe out abuse.
The effects, the impact and the might of this Act is what emaSwati had envisaged upon enactment.

They cannot therefore, summersault and claim they were ambushed. I cannot and will never buy into that opinion or feeling. The enthusiasm which emaSwati had in mind when they passed it should be retained despite the hullabaloo that has started simmering. If ever, there is a need for an amendment, the due and meticulous process should kick in. It should not be forced down our necks by some unscrupulous minds. We should stand firm in defence of the legislation from the wolf-packs that seek to undo the strides made in fighting abuse, particularly where women and children are concerned. We cannot be seen to be in bed with those mentally evil souls who are stroking the evil plan to have the Act amended, or have some of its parts removed to suit their agenda.

We were in our sober minds when this Act was passed and enacted. Its detractors were there as well. They were not sedated. We cannot allow them to rip and tear it into pieces of confetti in pursuit of their ulterior motives.
Like I said earlier, there may be parts that need to be looked at again but emaSwati should agree and the detailed process must be followed.
We are hoping and counting on this Act to bar the gentry paedophiles who always leer at our daughters. Finally we have a piece of law that does not only frown and growl but can bite and leave telling scars. Scars which we hope will scare off would-be offenders.

With this piece of law the victims, we are hopeful, will be treated with compassion, empathy, professionalism, dignity and understanding. This is one law that will ensure our children are not treated as tramps or some piece of trash, but as respectable and honourable citizens with a bright future ahead of them.

In the same vein we want to believe that it will not be abused by the fairer sex to get back at their male counterparts.
That would be unfortunate. It would be sad. This, Eswatini, our one and only country would be cold and forbidding if this law would be used by family members to settle scores against each other.

Constitution Act of 2005

The Parliament of Eswatini in carrying out its legislative function derives its mandate from the Constitution Act of 2005 which is the supreme law of the country. And that Constitution was made with good intentions to advance the interests, peace and development of the people of Eswatini. It would therefore be folly of us to shred our own families into pieces using a piece of law that was enacted with nothing but very sincere and honest intentions. We cannot allow that. However, we cannot allow ourselves again, to be used by some elements that are hell-bent on derailing us from our drive to attaining the First World Status by the year 2022.
We vehemently and unapologetically say no! Thank you.