I NEVER TOUCHED HER – ESWACAA MAN

MBABANE – “I never at any time sexually harassed the complainant. This is just a fabrication”.

This was one of the submissions by Eswatini Civil Aviation Authority (ESWACAA) Marketing and Corporate Director, Sabelo Dlamini. SWACAA is a statutory body that was established by the government of the Kingdom of Eswatini through an Act of Parliament, the Civil Aviation Authority Act of 2009 and became operational from December 2009.
The director was arrested on Thursday and he stands charged with sexual harassment at his working place. He was charged under the Sexual Offences and Domestic Violence (SODV) Act. This means that Dlamini spent a day in jail as he was eventually admitted to bail on Friday.

According to the charge sheet, Dlamini allegedly wrongfully and unlawfully sexually harassed the complainant by touching and kissing her on the cheeks in a sexual manner. He is alleged having committed the offences between August and November 2018 while at ESWACAA office in Matsapha. He, however, denied having committed the offences which he described as a fabrication. Coincidentally, he was arrested while attending his disciplinary hearing where the accusation of sexual harassment forms part of his charges. In the criminal charges, Dlamini is accused of having violated Section 48(1) (2) of the Sexual Offences and Domestic Violence Act of 2018.

Fine

The above section provides that: “A person who sexually harasses another commits an offence and shall on conviction, be liable to pay a fine not exceeding E25 000 or to imprisonment for a period not exceeding 10 years or both. According to the Act, sexual harassment is committed where: a person subjects another to an unsolicited act of physical intimacy including but not limited to, psychical contact such as patting, pinching or touching in a sexual way or unnecessary familiarity such as deliberately brushing against another. The Act, which Dlamini is alleged to have violated, further states that sexual harassment is committed where a person makes an unsolicited demand or request, whether directly or indirectly or by implication for sexual favours from the other person; a person who engages in any unwelcoming conduct of sexual nature in relation to the other including but not limited to offensive telephone call and indecent exposure. In his founding affidavit filed by his lawyer Derrick Ndo Jele, Dlamini denied having committed the offence.

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