By Mantoe Phakathi

The review of family laws to align them with the 2005 Constitution of the Kingdom of Eswatini is critical in advancing the rights of women, said UNDP Resident Representative, Ms. Rose Ssebatindira.

Ms. Ssebatindira was speaking at the official opening of the Women Parliamentary Caucus to sensitize Members of Parliament on the Marriage Bill, Matrimonial and Property Rights Bill, and Civil Registration Bill. The event was held on Sept. 22 at the Hilton Garden Inn Hotel, Mbabane. The review of the laws is supported through technical support from UNDP.

The Deputy Prime Minister, Senator Themba Masuku, was a guest of honor at the event which was also attended by the Minister of Justice and Constitutional Affairs, Hon. Pholile Shakantu, and her Home Affairs counterpart, Princess Lindiwe, and Senate President, Pastor Lindiwe Dlamini.   

Ms. Ssebatindira said reviewing the pieces of legislation will ensure equality before the law as envisioned in the Constitution and international and regional instruments that Eswatini is a party to, including the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW).

“The alignment of these laws with the Constitution is not only an important process for the actualization of the rights enshrined in the Constitution, but I am also optimistic that this will take us closer to realizing SDG 5 on gender equality and the empowerment of all women and girls, as well as SDG 16 on peace, justice, and strong institutions,” she said.

She said gender issues are not only an important focus area for UNDP but it is an area of joint UN focus and acknowledged the collaborative efforts to support the Government in this regard.

“I am aware that the revision of the Bills has gone through an extensive stakeholder consultation process including at regional levels which is commendable. Today’s workshop which has been organized to sensitize the Women Parliamentary Caucus is another important step in this process given the important role they play in Parliament,” she said.

She further expressed her gratitude to the Ministry of Justice and Constitutional Affairs, in particular the Office of the Attorney General, for the commendable job done thus far in getting these bills to this stage.

“I also understand extra effort has been made to develop communication materials to ease the understanding of issues covered in these legal instruments. Truth is that legal language is not easy for many of us to understand, the simplification and extensive dissemination of these laws is integral to their implementation,” said Ms. Ssebatindira.

She also commended the Office of the Deputy Prime Minister, in particular the Department of Gender and Family Issues, for the efforts invested in this regard and further pledged UNDP’s support to ensure that these laws are enacted and that they are disseminated to the rights holders who are the beneficiaries.

In response, Senator Masuku said,  considering that the country still uses the Marriage Act of 1964;  and the Civil Registration Act 1983, the Government of Eswatini has seen it fit to review these laws as they are now outdated.

“ The country has also learnt that these family laws have been discriminatory against women, especially after the ratification of the various Gender Equality Instruments which the country ratified after the enactment of these family laws, which was during the British Colonial era,” he said.

Senator Masuku said it was exciting to share that the Government of Eswatini through the Ministry of Justice and Constitutional Affairs and other relevant Ministries has taken action to review and update these legislations.

“A number of consultations with Chiefs, Member Parliament, Women Groups and experts have been carried out to gather their inputs and contributions to these laws,” he said.

Hon. Shakantu expressed her gratitude to the DPM’s Office for improving the welfare of women. She said the laws under review will have a direct or indirect impact on the lives of emaSwati, especially women.

“It is therefore important that proper consultations be undertaken so that we can produce laws that will have a positive impact in the lives of emaSwati,” said Hon. Shakantu, adding: “The consultations that we will be having in these two days is indeed an essential part of good law-making.”

She said the enforcement of the Constitution brought an enormous task for the Ministry of Justice and Constitutional Affairs to review existing legislation to conform with the supreme law and international standards.

Senate President, Pastor Lindiwe Dlamini, expressed her appreciation on behalf of the MPs adding that the workshop will help the legislators to familiarise themselves with the Bills and make contributions before they are brought to Parliament.