By Zweli Martin Dlamini
Africa-Press – Eswatini. The judgement delivered by Ezulwini uMphakatsi under Indvuna Sifiso Mashampu Khumalo in the Emfuleni Lifestyle-Sifiso ‘Daladi’ Dlamini’s matter, is not only fair but, a clear demonstration that our Swazi Law and Custom if enforced with no corrupt intentions, promotes both the rights of women and men.
Daladi Dlamini and his ex-wife Dr Hlelisile Ginindza were allocated a piece of land by the Ezulwini uMphakatsi and in terms of Swazi Law and Custom, the home is referred to as the Dlamini homestead “ka-LaGinindza”.
Siswati is very clear in such matters and all of us who constructed our homes under the Swazi Nation Land(SNL) cannot just wake-up in the morning, grab the homes that belong to the children and the wives.
Sifiso ‘Daladi’ Dlamini is trying to twist siSwati but unfortunately he won’t succeed, his lawyer Zweli Jele of Robison Betram, has a tendency of misleading his clients, advising them to challenge matters that are unchallengeable.
I respect lawyer Zweli Jele but sometimes vigorously opposed to his way of doing things, Daladi Dlamini is being mislead here.
In siSwati no one can evict you from “ekhaya kini” where you have deep historical roots(umsinsi wekumila), meaning you were born there hence the phrase “ngeke ungicoshe ungendlulise ekhaya”.
Personally,I was born at LaMgabhi Etiyeni in the 1980s, my father was born there in the 1950s, my grandfather was born there in 1917 and my great-grandfather was also born there in the 1880s.
The grave of the King’s Liphovela where my family originates in next to my home, this deep historical background means, as a child, “noma ngingedzelela kwani awungicoshi ekhaya kitsi”.
This means by virtue of being “umsinsi wekumila”, no one can evict me at LaMgabhi eTiyeni because even if I can construct a home there, I will remain a child ngingu-mntfwana nakunelicala eMphakatsini kubitwa labadzala not me, kutsiwe umntfwana sewunishayele tinyoni boNkhosi.
But even in this case known as “kwandzisa titja” when constructing a home within the premises of your forefathers, you cannot just evict your wife and then reside within the premises of the home with another woman.
Likhaya lemfati awumngenisi lomunye noma angafa lomfati lisala kubantfwana uhambe wena uyowakhela lolomusha umfati, it’s Customary Law.
When my grandfather allocated me land, the wife was present and he said, nitawuhlala lapha-ke bantfwanabami.
This means kungaba kabi kodvwa kuka-lomfati wendze ka-Dlamini difference being that, when constructing a home within your forefathers land, you submit to family rules, uphetfwe lusendvo.
The wife will lose that privilege of being part of family if found guilty of adultery or witchcraft with substantive evidence not mere speculation or suspicion.
It’s even worse for Daladi Dlamini, he was allocated a piece of land by the Ezulwini uMphakatsi and he is not “umsinsi wekumila” but “umsinsi wekumbelwa” Ezulwini.
The land was allocated to both of them and, after divorce he cannot use that land with the new girlfriend Nokuthula Dlamini.
In Siswati, women enjoy rights and the same applies to men, it’s just that some women don’t know their rights in terms of Swazi Law and Custom hence they are just evicted even by greedy family members after the death of their husbands.
In the Daladi Dlamini matter, even the children can take their own father to uMphakatsi and win this case, it’s against Customary Law to reside with another woman within your wife’s home and, in the event the marriage ends or terminated, children inherit the property.
The wife can only lose the property once she has been found guilty of adultery or witchcraft by the Family Court(endlini ka-Gogo) and the ruling must be confirmed by uMphakatsi.
In conclusion, let me applaud Attorney General(AG) Indvuna Sifiso Khumalo’s uMphakatsi for this ruling on Daladi Dlamini’s matter, I may differ with the AG on other issues but on this particular matter, his Traditional Council was fair and acted in the interest of justice.
Swazi Law and Custom in such matters was meant to promote peace and harmony within families, you don’t just wake-up in the morning and grab a property from the wife just because you are a man.
Daladi Dlamini would have ‘grabbed’ the property-Emfuleni Lifestyle and the home if, Dr Hleli Ginindza committed adultery or witchcraft, for now and in my view, Daladi Dlamini kumele alungise inkhomo ayokhonta, ashiye likhaya lemfati nebantfwana.
Siswati leso, sonkhe lesakhe noma lesikhulele emakhaya laphetfwe bo-Shifu siphetfwe ngemtsetfo wesiSwati, kumnandzi noma kubuhlungu siSwati simile and not even lawyer Zweli Jele and his client Daladi Dlamini will change that because the ruling will impact all of us as emaSwati.
Personally, I am not against Customary Law that promotes equal rights to both women and men but, against the manipulation of the law to promote oppression either politically, socially, economically or otherwise.
Women normally work hard and invest in the construction of their homes and for the well-being of their children, siSwati asivumi kutsi indvodza ingaganwa bese yemuka umfati likhaya.
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