Times Of Swaziland: ‘ZODWA CANNOT BE CHARGED WITH SODV’

‘ZODWA CANNOT BE CHARGED WITH SODV’
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BY SITHEMBILE HLATSHWAYO on 12/07/2019 04:02:00


MBABANE – Zodwa Wabantu cannot be charged based on the Sexual Offences and
Domestic Violence (SODV) Act as those who will be watching her will be doing so
willingly.
This was a conclusion made by Women and Law in Southern Africa-Eswatini.
The Director of the organisation, Colani Hlatshwako, said under Exposure of or
causing exposure or display of genital organs (flashing) which was Section 47
(1) reads;  “A person who unlawfully, whether or not for the sexual
gratification of the person or a third person or not, exposes or displays or
causes the exposure or display of the genital organs of the person or the third
party to another person, without the consent of that other person, commits an
offence.
Hlatshwako said within the context of the entertainment business, and
particularly the manner in which Zodwa Wabantu dresses and carries herself, she
could not be said to be doing it for her own sexual gratification.
She said for the person, to whom she exposes herself, it could be said that it
was for their sexual gratification if they watch it willingly. However,
Hlatshwako said it could not be an offence under the SODV Act, where the person
willingly watches her performance as that would imply consent from the person
watching.
According to Hlatshwako, the catch was who would constitute the audience. She
said anyone who would attend the show would be presumed to have given consent to
Zodwa Wabantu exposing herself to them because they would have purchased or
accepted the ticket with the full knowledge of what the show would entail. In
vernacular, Hlatshwako said, “Labatamubukela Zodwa batabe babhadele,  loko
kusho kutsi bayavumelana naloko latabe abavetela kona.”
Performance
Hlatshwako said should anyone be averse to her performance, they could choose
not to attend the show or to advocate for her omission from the show. “The
issue here is the consent of the parties involved; where it can be proven that
one of the parties did not consent, and then Zodwa Wabantu can be charged under
the SODV,” she said. Meanwhile, she said if zodwa could be seen on the street
dressed the way she looked in her pictures, she could be charged for indecent
exposure under common Law.
Zowa Wabantu is a South African entertainer, famous for her revealing dress
sense.
She has been booked to perform in the kingdom on August 3 during a musical
festival hosted by Baceth Hardaware.
There has been mixed reactions about her performance which will also include
gospel music giants. Some people are of the view that Zodwa should not be
allowed to perform in the kingdom due to her revealing dress code while others
said she could come as those who wouldl be watching would her would have
consented.
They also mentioned that other artists perform in skimpy outfits and were not
harassed by anyone. Government has not banned the SA entertainer from performing
in the kingdom but she has been strongly advised to stay within the confines of
the law.