Download - Media Institute of Southern Africa

State of the media in Southern Africa 2002
* The right to liberty and security (Article 3)
* The right to a free and consensual marriage of both spouses (Article 16)
We are greatly disturbed that this comes at a time when the youth of Swaziland
is supposed to be on a 5-year period of chastity in respect of Umcwasho. The
example set by His Majesty King Mswati III serves to water down our efforts
aimed at curbing HIV-AIDS in Swaziland.
It is also worrying that the King may not necessarily marry all three of these
girls and that those he chooses not to marry will be stigmatised for the rest of
their lives - thus denying them their right to respect and dignity.
A recent newspaper report (Times of Swaziland - October 21, 2002) quoted
Prince Masitsela challenging Lindiwe, the mother of Zena Mahlangu, as to who
she is to challenge the King. We feel this question was not directed to Lindiwe
alone but to all citizens of this country. We therefore ask ourselves who are we
in this country. Can we as individuals claim to be Swazi citizens? Can we claim
to have basic human rights? Lindiwe is exercising her rights as articulated in
articles 6, 7 & 12 of the Universal Declaration of Human Rights that:-
* Everyone has the right to recognition everywhere as a person before the Law
(article 6)
* That all are equal before the Law and are entitled without any discrimination
to equal protection (article 7).
* No-one shall be subjected to arbitrary interference with his/her privacy, family
and home or to attacks upon his/her honour and reputation.
That her family, privacy, honour and reputation were interfered with is undisputable.
Her family will never be the same again, her children’s school performance
has been greatly affected and that will have a negative impact on their
future economic empowerment. Lastly, the Convention on the Rights of the
Child, which His Majesty’s Government signed in 1990, states that, “Parents
have the responsibility to raise the child. The state must respect the parents’
responsibility and help out if necessary” (article 5).
In conclusion, we would like to emphasize that it is time culture is practiced in
accordance with the fundamental human rights. As responsible citizens we feel
we cannot sit and wait for more girls to become victims of an outdated cultural
practice. We therefore appeal to the courts to also act responsibly by allowing
the mother to continue to raise and guide the child until she is 21 years old and
ready to engage independently in a lawful consenting relationship.
Signed:
1. Swaziland Action Group Against Abuse (SWAGAA)
2. Women and Law in Southern Africa (WLSA)
So This Is Democracy? 303