SEXUAL OFFENCES BILL REFERRED BACK TO PARLY

LOBAMBA – Like a boomerang, the Sexual Offences and Domestic Violence (SODV) Bill is back in Parliament.
This follows that the Bill was passed by both Houses and awaited Royal Assent.

Just as gender activists and other interested parties were celebrating the important milestone, the Deputy Prime Minister (DPM), Paul Dlamini, yesterday tabled amendments made to the Bill.
This was said to be a message from Senate.

It could not be ascertained why the Bill was returned to Parliament. However, one of the issues raised by the DPM was the age of consent which had been changed from 16 to 18. There were also reports that Senate did not agree with all clauses of the Bill.

Before it was tabled for amendments, Deputy Speaker Esther Dlamini, who was the Presiding Officer yesterday, asked members of the media and others who were not members of the Legislature, to leave the House as they had to have a private meeting.

What the Deputy Speaker said would be a five-minute discussion turned into a 45-minute private deliberation led by the DPM.
From the Parliament canteen TV which was, however, on mute, the DPM was seen making different hand gestures as he addressed MPs who were listening attentively. He was seen pointing in all directions, putting his hands together and at one point, he lifted his foot about knee high while stressing a point.

Some MPs were seen with their hands covering their mouths while others held their heads as though the discussion was very serious. Although it could not be comprehended what they were saying, MPs Marwick Khumalo and Mthokozisi Kunene stood up to make submissions. As the discussions proceeded, Deputy Speaker Esther did not occupy the seat of Speaker but was sitting between two clerks.
After the private discussions, MPs took a five-minute break then proceeded with the debate.

Consent

The DPM stated that according to the Bill, the age of consent was 16 while it should be 18 years. He said the law did not allow that children under the age of 18 years consent.
He explained that to his knowledge, in western cultures, a person below the age of 16 years could not consent without his or her parents. However, those over 16 years were able to marry without the consent of their parents.
DPM Dlamini further explained that there was also the protection of the girl child which was an international statute given to countries.

He said it addressed the issue of the girl child’s future, in particular that should she be married before the age of 16, what would happen to her education.
MPs, who included Lobamba Lomdzala MP Khumalo, said the Bill had an international flair and therefore legislators had to consider what international laws said about the matter. He questioned how the age of 16 years was set as the age of consent.  Nkwene MP Sikhumbuzo Dlamini submitted that before changes to the age of consent could be made, they ought to consider other existing legislations as well as international laws regarding the matter.  MP Sikhumbuzo argued that they could not make amendments that would be against existing ones.

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