Madam,
I write to contribute to the ongoing national discourse surrounding the Sexual Offences and Domestic Violence (SODV) Act, a progressive piece of legislation that marked a significant milestone in Eswatini’s efforts to combat gender-based violence. While the Act has undeniably provided a stronger legal framework for the protection of survivors, there remain critical gaps that warrant urgent review and reform.
Firstly, implementation remains a major concern. Despite the Act’s comprehensive provisions, many survivors still face barriers when seeking justice. Reports of delayed investigations, limited access to specialised support services and inadequate training among law enforcement officials continue to undermine the effectiveness of the law. There is a pressing need to strengthen institutional capacity through continuous training, adequate resourcing and the establishment of more survivor-friendly service centres, particularly in rural areas.
Secondly, the issue of marital rape, although recognised under the Act, remains culturally sensitive and often underreported.
Societal norms and stigma continue to discourage survivors from coming forward. The law must, therefore, be reinforced with robust public education campaigns aimed at shifting harmful cultural perceptions and encouraging reporting without fear of victimisation or shame. Another area requiring revision is the clarity and enforcement of protection orders. While the Act provides for these, survivors frequently encounter delays in obtaining them and enforcement mechanisms are often weak. There is a need for stricter timelines and accountability measures to ensure that protection orders serve their intended purpose, immediate and effective protection.
Furthermore, the Act could benefit from clearer provisions addressing economic abuse. Many survivors remain trapped in abusive environments due to financial dependence. Strengthening clauses that provide for economic relief and support would go a long way in empowering survivors to leave abusive situations.
It is also crucial to consider the role of data and monitoring. The absence of a centralised, transparent system for tracking SODV cases limits the ability to assess the law’s impact. Establishing a national database would improve accountability, policy planning and resource allocation. Lastly, while the Act primarily focuses on women and children, as it rightly should, there is a need to ensure inclusivity for all survivors of domestic and sexual violence, regardless of gender. A more inclusive approach would strengthen the law’s fairness and effectiveness. In conclusion, while the SODV Act is a commendable step forward, laws must evolve to reflect lived realities. A comprehensive review that prioritises implementation, awareness, enforcement and inclusivity is not only necessary, but urgent. Protecting the most vulnerable members of our society must remain a national priority.
Despite the Act’s comprehensive provisions, many survivors still face barriers when seeking justice.
