CHIEFS NOT SWAYED BY MLANGENI RULING

MANZINI – The new judgment on boMakhwapheni might not change the way royal kraals deal with adulterers.  

Chief Lusendvo Fakudze shared a brief lesson on how things are done in the Swazi custom. He said this was normally practised when the couple who found themselves at the centre of an adulterous relationship were married through Swazi Law and Custom. Fakudze explained that according to the Swazi custom, when a person reports his or her spouse to the royal kraal for adultery, all parties were summoned.

He said if it was discovered that indeed the two were involved in an adulterous relationship, the man is required to pay 10 cattle as a fine and the woman’s family was expected to give up one cow from their herd. The woman is further sent back to her parental home to be advised by her family. Fakudze explained that this custom was called ‘kugeza emacansi.’

“However, if the two were married through civil rights, they normally opt for courts, and when a matter has been sent to court, we have no power over who pays a fine and who doesn’t,” he said.

Fakudze explained that if the two were married through civil rights but still wanted the matter to be tested at the royal kraal, the decision would be made by either party with the help of their lawyer. He said the lawyer also had the power to advise that the matter be taken to the royal kraal.

“We have also found that when a man has been found to have cheated, the woman will quickly opt for divorce and when they have gone that route, it becomes impossible for the royal kraal to interfere. However, the new judgment will not change how adulterous are persecuted in the royal kraal. If one comes to report their husband or wife at the umphakatsi, the matter will be dealt with as it always has in the royal kraal,” he added.

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