DON’T ALLOW WITHDRAWAL OF CHARGES ON SODV MATTERS - MP MARWICK

MBABANE – Lobamba Lomdzala MP Marwick Khumalo has called on Minister of Justice and Constitutional Affairs Prince Simelane to remove the option to withdraw a charge, particularly on SODV matters.
Khumalo was making submissions on the question for oral answers that was posed by Maseyisini Member of Parliament (MP) Nokuthula Dlamini, in relation to domestic violence being made a priority. “Could the minister of Justice and Constitutional Affairs explain to this House what is preventing the ministry from implementing Section 126 of the Sexual Offences and Domestic Violence (SODV) Act, 2028 (establishment of Domestic Violence Court) and Section 192, which stipulates that domestic violence cases should be given priority,” read the question.  Khumalo enquired if the minister could ensure that there was no room for withdrawal in cases under the SODV Act of 2018.

The minister did state that his ministry will look into them because ‘tibi tendlu’, as it is referred to in vernacular, are occurring and that was not helping the situation. In a recent case of attempted murder, the woman who was the complainant in the matter, Mercy Mwindwa, once filed an application to withdraw a charge against her boyfriend. Mwindwa took the Director of the Public Prosecutions (DPP) to court. She was seeking an order compelling the Crown to withdraw the charge against Wandile Milton Bennet. Despite her attempt to withdraw the charge, the Crown, which was represented by Precious Dlamini, continued with the prosecution. The offender was slapped with five years imprisonment without an option of a fine for attempting to kill his girlfriend and one year was suspended, during which he will do community service among women.

Response

While giving a response to Dlamini’s question, the minister stated that the major contributing factor preventing the ministry from implementing Section 126 of the SODV Act, 2018 (establishment of Domestic Violence Court) and Section 192, which stipulates that domestic violence cases should be given priority was lack of budget. He said there is a lack of judges, magistrates, courtrooms and equipment in the country which needed a significant budget to help it. “I can confidently say that what is stalling progress as per the question is lack of funding and I do not foresee it happening anytime soon, maybe in the next generation,” he said.

The legislators also expressed that the Kingdom of Eswatini is a signatory to the United Nations Conventions, which addresses the issue of domestic violence and the obtaining situation in the country is not painting a good picture internationally. The minister agreed, but maintained that lack of budget is the major contributing factor, but his ministry is knocking on the door for assistance to such entities as Microprojects, especially on the part of building more courtrooms and jails. Meanwhile, Maseyisini MP also posed another question to the minister that seeks to get clarity on the delay in amending pieces of legislation that are old and no longer applicable. “Could the minister of Justice and Constitutional Affairs explain to the House what is delaying his ministry from amending the following pieces of legislation as they are very old and no longer applicable to the current times: 1. Administration of Estates Act, 1902, 2. Wills Act, 1950, 3. Intestate Succession Act, 1953,” read the question. The minister admitted that indeed the laws are old, particularly the Wills Act, which got people expressing their frustrations on it and their dealings with the Office of the Master during Sibaya late last year.

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