By Zweli Martin Dlamini

Judge Bongani ‘BS’ Dlamini delivered an ‘ex-tempore’ judgement on Friday afternoon in the Nothando Hlengetfwa and her husband Isiah Mzuthini Ntshangase, he ordered that “umtsimba” between Ntshangase and Nokwazi Mkhwanazi must continue without clarifying key issues raised by Nhlengetfwa that remain the pillars of our Customary Law in regulating customary marriages.

Perhaps, it is important to clarify that, in her affidavit, Nothando Nhlengetfwa stated that, she was not stopping the traditional wedding but merely opposing the intention by her husband to use her matrimonial house to host his in-laws (Baka-Mkhwanazi), that was a valid argument because in terms of our Customary Law indvodza ngeke itsatse umfati imtsatsele endlini yalomunye umfati, akwentiwa loko.

But Judge Bongani ‘BS’ Dlamini decided to poke his nose “on issues he knew nothing about”, he dismissed Chief Masiphula Ntjangase’s submissions or testimonial evidence suggesting that, Mzuthini Ntshangase did not report to uMphakatsi when organizing the traditional wedding and that, he was supposed to wait until Incwala ceremony is over before hosting his umtsimba.

Judge Dlamini went on to expose his ignorance of Customary Law and Incwala by ruling that, Incwala is over without taking into account the fact that, Incwala cannot be officially over until King Mswati, in his capacity as Ingwenyama, disperses emaButfo after the ongoing weeding of royal fields.

But as mentioned, the applicant in this matter and as per her affidavit, was not intending to stop “umtsimba” when approaching the court but, was against the use of her house.

Despite a clearly and well-articulated affidavit, a whole Judge allowed another woman access to the house of Mzuthini Ntshangase’s wife, abone emaphenti a-LaNhlengetfwa and other private things when marrying her husband, nangabe kumbe akholelwa ekuloyeni Lijaji litsi akangene endlini yalomunye umfati atsatse lakutsatsako ayokusebenta, liyaphila yini leliJaji leli?.

In terms of our Customary Law, the rights of married women are protected, you don’t just invade a married woman’s house or home and host umtsimba, marrying another woman.

Maybe others will argue that, the home belongs to Mzuthini’s family or parents and that, Nothando Nhlengetfwa is or was “Makoti lowendze ekhakhakhe”.

Even in this case, a woman who resides within the premises of her husband’s parental home may have limited rights far below that of her “Maketala” but in this context, umfati uba nelidladla kanye nelitala ekhakhakhe, kumbe nesivandzi lanikwa sona kutsi atfuku-tfukuse latakukhwimita”.

Nothando Nhlengetfwa approached the court seeking an order to stop her husband from holding hands with another woman and invade her “lidladla”, even if she was no-longer residing there, in siSwati the house, not the home or premises, belongs to La-Nhlengetfwa and her children.

Judge Bongani ‘BS’ Dlamini went on to undermine the authority of Chief Masiphula Ntshangase who testified that, Isiah Mzuthini Ntshangase did not report to uMphakatsi before hosting the cultural event, a Chief is a principal witness in such cultural issues but, the Judge decided to dismiss his testimonial evidence.

Mzuthini Ntshangase was not supposed to be stopped from hosting his umtsimba and marrying another woman, the issue here is the manipulation of our Customary Law by Mzuthini Ntshangase and the Judge.

It would have been better if the Judge ruled that, Mzuthini must go ahead and host his umtsimba without making comments that grossly undermine our Eswatini Law and Custom and the rights of woman.

Now, women married through Eswatini Law and Customary will live in fear because the court has allowed all men in the country to just pick any woman and use a house or home built by the senior wife to host umtsimba.

In light of the aforementioned, it is important to emphasize that, such judgements are likely to promote the abuse of women and disorder within families, Eswatini Customary Law protects the rights of women, children and therefore, Judges must learn to recuse themselves from such Customary Law issues if they are ignorant of cultural practices.

Eswatini Law and Custom is regulating our daily lives in the communities and Judges must refrain from messing it up because by so doing, they will promote public disorder, Gender Based Violence (GBV) and/or a culture of impunity under a patriarchal society, where men hold primary power and authority, turning married women into mere expendables.