Times Of Swaziland: ARREST MEN FOUND WITH  SEX WORKERS – LAWYERS

ARREST MEN FOUND WITH  SEX WORKERS – LAWYERS
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BY MBONGISENI NDZIMANDZE on 08/08/2017 08:52:00


MBABANE – “The arrest of ladies on the basis that they are loitering and
leaving the men who are found with them is discriminatory and in conflict with
Section 20 of the Constitution.”
Lawyers for Human Rights in Swaziland say the men should also be arrested.
Section 20(1) of the Constitution provides that: “All persons are equal before
and under the law in all spheres of political, economic, social and cultural
life and in every other respect and shall enjoy equal protection of the law.”
This follows the arrest of about 30 sex workers in Manzini. Well-known human
rights lawyer Sipho Gumedze pointed out that the Crimes Act, in terms of which
the sex workers were charged, was a legislation that was enacted during the dark
years when black people were still considered subhuman by the colonial white
settlers.
He said the law had the connotation that a black person was good for nothing
person except for vile. Gumedze mentioned that Swaziland had retained this
legislation despite the reality that it conflicted deeply with rooted beliefs of
the Swazi nation.
The Crimes Act  6 of 1889 provides that; ‘(1)A person shall be guilty of an
offence and liable on conviction to a fine not exceeding one hundred Emalangeni
or, in default of payment thereof imprisonment not exceeding six months, who
(e)is found loitering at anytime in any thoroughfare or public place or near any
welling house, shop, store or any enclosed place or veld or bush for the purpose
of prostitution or solicitation or to the annoyance of the public: (Amended
K.O-I-C. 31/1975; K.O-I-C. 27/1977).
‘Provided that in any criminal proceedings under this paragraph the onus shall
be on the accused to establish that he was not in such thoroughfare or public
place or near such dwelling house, shop or store or enclosed place for any of
such purposes.’
Gumedze stated that this piece of legislation was very outdated as it was in
conflict with the Constitution in two respects. The human rights lawyer said the
first instance it conflicted with the presumption of innocence. Section 21 (2)
(a) provides that; ‘A person who is charged with a criminal offence shall be
presumed to be innocent until that person is proven guilty or has pleaded
guilty.’
The Crimes Act provides that once you are found to have been in any thoroughfare
you shall be presumed to be soliciting prostitution. It says that the onus of
proving that you were not committing a crime is on you who has been charged with
the offence and not on the prosecution.