‘WIFE ON 14-YEAR FAST, CONJUGAL RIGHTS DENIED’

MBABANE – In an unusual occurrence, a man in the capital city claims that his wife denies him conjugal rights because she is on fasting for 14 years. 

Conjugal rights refer to the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage.

*Mandla has since approached the High Court seeking an order declaring his Swazi Law and Custom marriage with *Mary dissolved. He also wants the registrar of Births, Marriages and Deaths to cancel records of the marriage from the registry.

In his court papers, Mandla stated that he married Mary on February 28, 1988. He submitted that he smeared her with red ochre and paid lobola. 

He informed the court that two children were born of the marriage and one of them died.

According to Mandla, they established their matrimonial home on the outskirts of Mbabane. He pointed out that during the course of their marriage, he married another woman under Swazi Law and Custom. He alleged that this marked the start of their troubles since Mary did not want him to marry another woman. 

He pointed out that under Swazi Law and Custom, he was not required to seek consent from his wife to marry another woman, but had to inform her about his intentions. Mandla alleged that Mary refused to afford him conjugal rights since she would be fasting for 14 years. 

“My life with the first respondent (Mary) was not the same again. The first respondent did not afford me conjugal rights alleging that she was fasting for 14 years and she would disappear from home without my knowledge,” Mandla claimed.

He alleged that in 2016, his wife deserted their matrimonial home to stay in another part of the capital city. 

According to Mandla, he and his family met with Mary’s family on a number of occasions, but she refused to return to their matrimonial home.

Mandla said he then took a decision to terminate their marriage and communicated his intentions to Mary’s family. He submitted that their families met at the royal kraal and it was stated that they would never see eye-to-eye and should divorce as a result. 

The veracity of these allegations is still to be tested in court. The applicant is represented by attorneys from Robinson Bertram. 

In her answering papers, Mary, who is represented by S.V. Mdladla and Associates, denied that she refused her husband conjugal rights.

Dysfunction

She alleged that Mandla had an erectile dysfunction, which made it difficult for them to afford each other conjugal rights. 

She further accused Mandla of resigning on her behalf from her place of employment in Manzini and promised to take care of the family. 

She submitted that in 1999, Mandla informed her of his decision to marry a second wife.

Mary said she questioned her husband on his reasoning to marry a woman who had been smeared with red ochre and had previously failed in marriage.

“He informed me that he was taking a second wife who had been in a customary marriage before and had undergone the customary rituals of being smeared with the red ochre by her husband. 

Marry

“I questioned the applicant with regard to how he could marry a woman who was still legally married under customary law. The applicant became furious and stated that he was taking the second wife without my approval, which he contends was necessary,” she said.

Mary informed the court that Mandla went ahead and married the other woman and allegedly deserted their matrimonial home and stopped providing for their children.

She alleged that her husband sold their livestock, motor vehicles and other property. She also alleged that she received death threats from her husband who reportedly sent their herd boy to apply muti on the wheels of her vehicle.

According to Mary, Mandla allegedly also sent a boy she knew from church to attack her. 

She alleged that the boy was armed with a knife and firearm and tried to kill her. The boy, according to Mary, disclosed that he had allegedly been sent by Mandla to kill her. 

She also submitted that the boy was arrested and his case took about four years to conclude, during which period she went to stay at her parental homestead due to safety reasons. 

She said upon return, she found that her husband had allegedly changed locks at their matrimonial home and denied her entry. 

“The applicant stated that I should return to wherever I came from.”

She informed the court that their families held meetings last year to discuss their issues. Mary said, however, no final decision was taken during the meetings. 

The third respondent in the matter, attorney general (AG), submitted that desertion is not a ground for divorce in customary law in Eswatini. 

*Not their real names

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: