GBV BALL IN PARLIAMENT’S COURT

Last Wednesday morning, Gabisile Mayaba left home for work, fit as a fiddle.

What she did not know was that she was leaving her home in Sitibeni alive for the last time. The next time she would be returning as a corpse. The 35-year-old employee of OK Foods was stabbed to death, allegedly by the father of her child while in the same area of Sitibeni, a few kilometres outside Mbabane, on the way to Ngwenya. Mayaba leaves behind her child, who is reportedly in Grade II. The alleged killer is believed to have heard rumours that the deceased was preparing to marry another man, then decided that if he could not have her, nobody else would. This seems to be the mentality of most of the people who contravene the Sexual Offences and Domestic Violence (SODV) Act of 2018. I am deliberately saying ‘people’, because while men are inarguably the main perpetrators of gender-based violence (GBV), women have also been hauled before the courts for similar reasons.

These days, hardly a week passes without reports of the murder of a woman by a man. Usually, these are men who refuse to be jilted by the women they were in love relationships with.
The murder of Mayaba comes while the nation is still reeling from the shock of the brutal murder of 16-year-old Mpilwenhle Mavimbela of Mafutseni, who was killed by a man who had been out on bail after being arrested for another SODV charge involving the same young woman. Many other cases have been reported in recent months. They include that of the man who allegedly forced his wife to swallow the deadly Masta 900 pesticide. On October 28, 2023, Deputy Sheriff Vusi Mncina allegedly shot dead five women, killing four of them. The list is endless, literally.

Condemned

Her Majesty the Indlovukazi has condemned this trend of gender-based violence, joining a long list of people, from women’s rights activists to politicians, who have condemned these atrocities.  They include Minister of Justice and Constitutional Affairs Prince Simelane, who wants the courts to apply themselves properly before they grant bail to suspects who do not exhibit signs of remorse. Indeed, it was disheartening that a person who attacked a teenage girl so brutally was roaming the streets a few weeks later. Well, I am not going to sit here and pretend that I have an idea of the possible solution to this spate of violence. I am as mystified as the next person. This is a very complex matter that has layered levels and different dynamics.  The required solution cannot be a one-size-fits-all kind of remedy. However, stiffer custodial sentences would be a good start. I guess it begins with being tough on common assault and assault with intent to cause grievous bodily harm. If the courts get tougher on men and women who become violent with their partners, without killing them, murder cases among lovers would definitely go down. I fully concur with those who say GBV should be declared a national disaster, so that we have all hands on deck in seeking the solution.

It is unfortunate that for now, we do not have much in terms of reference points in the fight against this type of crime. Our neighbour South Africa is also battling this kind of crime, with citizens blaming it on law enforcement. South Africans believe that the police are generally indifferent to this kind of crime. They allegedly do not dedicate themselves to pursuing perpetrators and bringing them to book. They get some, while others walk away. Political parties and women’s rights groups have staged hundreds of demonstrations in protest, especially when suspects appear in court.  However, South Africa still holds the unenviable record of being among countries with the highest rate of violence against women and girls.

Just like in Eswatini, domestic violence is the most common form of GBV. Non-partner violence is also worryingly common in that country, just as it is here in Eswatini. The murder of 16-year-old Mpilwenhle is a sad example of such violence, perpetrated by men against women they are not related to. South Africa’s femicide rate is said to be five times higher than the global average. In 2020, one woman died in the hands of an intimate partner, every eight hours. This means that three women were killed by men every 24 hours. Femicide is defined as intentional killing, with a gender-related motivation. According to www.gbvlearningnetwork.ca, femicide occurs because the continuum (chain or progression) of violence against women continues to be accepted, tolerated and justified. The website says, like all violence against women, the many causes of femicide are rooted in gender inequality, gender expectations and systemic gender-based discrimination.  

Concern

Now, here is my concern: violence in general is very high in Eswatini but Members of Parliament (MPs) strangely join the rest of us in condemning the situation, instead of doing something about it. They have all the power, don’t they? Not only are men attacking women and vice versa, but fights between people of the same gender are common as well.  No weekend passes without reports of bar brawls or murder by stabbing or shooting around the country. Violence has somehow been woven into the fabric of our society. Some believe that the wave of violence that visited the country during the unrest of 2021 and 2022 contributed to the lack of respect for human life.  Others say emaSwati are an angry lot because of the dire economic situation that keeps many people depressed. At the end of the day, the ball is in Parliament’s courts. MPs should stop standing up to condemn violence and calling for stiffer sentences, but move motions that will ensure that women specifically and other citizens in general are protected.

As Human Rights Watch observed in its January 2024 report, “The government (of Eswatini) should place the issue high up on their agenda in deeds, not just words and provide sufficient resources to implement laws and policies that seek to guarantee the safety of women and girls in Eswatini.” Indeed, we need laws that will make both men and women think twice about losing their tempers. 

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