By Mbono Mdluli | 2019-10-24

DVOKODVWENI Member of Parliament Mduduzi Magagula yesterday withdrew the petition on the Sexual Offences and Domestic Violence (SODV) Act he submitted on Monday pending further consultations.

The House of Assembly was expected to debate the petition, which if it was accepted, would mean the law had to be subjected to further scrutiny. He said there was a need for further consultations on the issue. He pleaded with the MPs to allow him to defer the motion and  allowed to do so. MP Magagula was to be seconded by Mangcongco MP OneboyZikalala in his motion.

When called later on to explain why he decided to withdraw the petition, he stated that the House was still waiting for the regulations of the SODV Act.

MPs called upon the DPM to table the regulations back in June. However, the regulations are still not tabled. Section 195 of the SODV Act calls upon the regulations to be passed by Parliament.

The section places responsibility to table such regulations upon the concerned minister,  the DPM in this case.  MP Magagula said they also wanted the DPM to table the policy directives that would enable the Act to be interpreted in simple terms. The policy directives, according to Magagula, are required by Section 188 of the same Act.

Regulations

MP Magagula said it was the tabling of the regulations and the policy directives that would inform them whether to continue with the petition or not.

He also told Dvokodvweni businessman Simanga Lukhele about the developments and Lukhele understood. Lukhele delivered the petition in Parliament. The petition called for further consultations on the SODV Act, as he felt it negatively affects even innocent citizens. The withdrawal of the motion to engage the petition ensured that the House, despite the overwhelming interest it had generated, which was demonstrated by the hundreds of women who crammed the public gallery, did not proceed.

 Members of organisations such as Swaziland Action Group Against Abuse (SWAGAA), Women and Law in Southern Africa (WLSA), and other formations had turned up in numbers to follow the debate. After the MPs allowed for the withdrawal of the motion, the public gallery eventually became empty. SWAGAA Communications and Advocacy Officer Slindele Nxumalo, who was also in Parliament, viewed the petition as  irrelevant and pointless. “The deferral is a clear indication of how irrelevant and pointless the motion of challenging the Act was. There were no legal grounds for the motion to proceed,” Nxumalo said.

WLSA Director Xolani Hlatjwako said the pressure they put upon hearing about the petition contributed to the halt of the debate.

“More than that, we ensured that we engage with the public to lobby their MPs. As an organisation, we also lobbied the MPs. This development does not mean anything, instead we were hoping that he will withdraw it. At least it gives us time to educate the honourable member,” Hlatjwako said.

She wondered why they had to stand up and raise their voices when it came to women issues. She said it was unfortunate that nothing beneficial to women that would happen without a fight.

“As we promised we will continue mounting pressure should he decide to take the petition back after the consultation that he mentioned,” she said.

He invited MP Magagula to visit WLSA for more consultations on the law. “He is most welcome to come to us for consultation to avoid questioning things that are already covered by the law,” she concluded. 

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