Times Of Swaziland: PRINCIPAL MAGISTRATES TO NOW HANDLE RAPE, ROBBERY PRINCIPAL MAGISTRATES TO NOW HANDLE RAPE, ROBBERY ================================================================================ Kwanele Dlamini on 23/01/2025 10:32:00 MBABANE - In a move aimed at addressing the burgeoning case backlog at the High Court, CJ Bheki Maphalala has issued a directive transferring the jurisdiction of rape and robbery cases to the principal magistrates’ courts. In the directive, which has been copied to all judges of the High Court, registrar of the High Court and the principal magistrates, the chief justice (CJ) said this move is due to a serious backlog of cases pending before the High Court. This decision reverses a previous directive issued in 2022 that mandated the High Court to hear all rape and robbery cases. The chief justice acknowledged the significant backlog of cases, citing approximately 200 rape cases and over 20 robbery cases currently awaiting trial at the High Court. “To ensure the efficient and timely administration of justice, all fresh cases of rape and robbery pending before the High Court will be referred to the principal magistrates’ courts for trial,” stated Maphalala in the directive. The directive emphasises that ongoing rape and robbery cases already in progress at the High Court, will continue to be finalised before the same court to maintain consistency. Furthermore, the directive outlines a mechanism for cases where the sentence may exceed the sentencing powers of the principal magistrate. “Where the principal magistrate, after due conviction of the accused on a charge of rape or robbery or both, is of the opinion that the sentence of imprisonment likely to be imposed upon the accused will exceed the jurisdiction of that court, he or she will refer that case to the High Court for sentencing before a judge,” the directive states. The sentencing jurisdiction of principal magistrates does not exceed 15 years. Section 3(9) of the Sexual Offences and Domestic Violence (SODV) Act states that where it has been established that the rape was committed with aggravating factors, the offender shall on conviction be liable to a term of imprisonment not exceeding 30 years, if the complainant is or was 10 years of age or below at the time the offence was committed. In the case of a subsequent offence, the sentence will not exceed 40 years. Sentence The above section further provides that; if the complainant is or was between 10 years of age and 18 years at the time the offence was committed, the accused would upon conviction be liable to a sentence not exceeding 25 years and in the case of a subsequent offence, not exceeding 30 years. The law also states that if the complainant was an adult at the time of the offence, the accused person would upon conviction, be liable to a sentence not exceeding 20 years in case of a first offence and in case of a subsequent offence, not exceeding 30 years. “Notwithstanding the provisions stipulated in any other Act, such sentences may not be suspended or postponed,” reads part of the Act. Meanwhile, it was previously reported that 61 women were raped at least every month in the Kingdom of Eswatini. It was further observed that cases of gender-based violence (GBV) that manifested mainly through rape and intimate partner killings (passion killings), were another persistent challenge in the country’s overall crime landscape. rape The most harrowing are the cases where young children and elderly women were subjected to the horror of rape. The High Court has unlimited power to sentence convicts and the trend, based on a past judgment, was that fathers who raped their own daughters could get 20 years in jail. In the past some cases were allocated to acting judges, but the contract of all those who were appointed were not renewed due to the lack of the Judicial Service Commisison (JSC), which has the powers to appoint the commission. It should be noted, however, that there is no specific law that stipulates a date on which the King must appoint or dissolve emabandla, but it has been a trend over the years that a new Parliament worked with newly-appointed members of the different traditional councils and committees (emabandla ekweluleka).