CONSTITUTION FLOUTED OVER WOMEN IN PARLY – JUDGE

MBABANE – Judge Qinisile Mabuza is concerned about the continuous flouting of the Constitution, particularly on issues of the representation of women in Parliament.

This was during the launch of the One Billion Rising Campaign 2019 held at the Happy Valley Hotel last Friday.  The judge, who was one of the guest speakers, addressed the gathering on where the country was in as far as women’s rights were concerned and where the country was headed. “A much glaring issue that brings the plight of women to the fore is the question of women representation in decision making positions; the continuous flaunting of the Constitution with regards to affirmative action; and the need to strengthen advocacy for the emancipation of women and girls’ rights,” said Judge Mabuza.

She said women representation was far below the 30 per cent that the Constitution of Eswatini  dictated and even lesser for the 50 per cent  motivated by the SADC Gender Protocol which the kingdom was a signatory to.
Judge Mabuza highlighted that Eswatini was being outdone by countries like Rwanda and Ethiopia, where the Cabinet comprised of 50 per cent women and Ethiopia topping that up with a woman president.

equality

She said Norway had arguably attained gender equality in numerous spheres while in Eswatini, even in other spheres of influence, women were less represented, for example in that the High Court has only four women, the Industrial Court has fewer women in acting positions and the Supreme Court has no women at all.

The judge said women formed a large number of the population, and therefore deserved a fair share of representation in decision making.  “Their interests to those of men are different and often conflicting. Therefore, advocacy is to be strengthened and adopted as a daily routine. This is a requirement from all stakeholders to continue identifying legal gaps and enacting laws; advocating for gender sensitive judgement, and also disseminating information to the masses who are to benefit from these laws,” said Judge Mabuza.

She said it has emerged from media publications that there was sometimes lack of knowledge from communities, which was also compounded by difficulty in accessing the justice system, mostly due to lack of resources for legal fees. “For instance, the issue of the women cohabiting and eventually losing all material investments once the partner passes on, serves as a pointer that there is either lack of knowledge of the rights; or the hindrance being the issue of resources associated with the justice system,” she said.

Judge Mabuza said it also pointed to the need for urgent enactment of legislations that protect the rights of women, such as the the Marriage Bill and the Administration of Estates Bill as well as giving an expression of Section 34 (2) of the country’s constitution.

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