Handling Separation/Divorce in Swazi Law and Custom
Lunch hour National Discussion – 3rd October 2008
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Host: Mrs. Lomatsengela B. Thfwala
Topic: By Swazi law and custom, a married woman can be divorced/rejected only when there is evidence of two immoral practices:
1. Adultery
2. Witch craft
Whenever the woman is rejected by her in-laws, she must be returned to her parental home. A returning woman is commonly problematic to her in-laws and brothers. How is such a problem to be handled according to Swazi law and custom?
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Summary on Callers |
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| Male | 9 |
| Female | 6 |
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Male Caller: When they return, they should remember that they have failed and conduct themselves accordingly.
Male Caller: The elderly should locate her a piece of land to build her own house. Her brothers are responsible for erecting the structure.
Male Caller: The family should come together to allocate her a piece of land to build her own structure.
Male Caller: If she’s been deserted for her wrong doing, she shouldn’t come back home. A separate structure should be erected outside home premises.
Male Caller: She shouldn’t be allowed into the premises. Her brothers should build her a structure outside the premises. If brothers cannot afford, the parents should take care of her.
Male Caller: That person shouldn’t be allowed to come back home. She should have a structure outside home premises.
Female Caller: I must be respectful when I return. It’s also important to work hard so to make sure you are not a problem. This will help me win favour from your family.
Female Caller: When you return home, the family should sit you down in the presence of the elderly (endlini kagogo) and give you advice. Thereafter, a structure for you should be erected far away from the home.
Male Caller: This person should not be welcome back home but be allocated a piece of land far way to build her own structure.
Female Caller: When she returns, she must be advised by the elderly. The family members should send some one to apologize on her behalf to her husband. Even when it calls for the family to sacrifice a beast to apologize for the woman, it still worth the effort because separation is bad.
Female Caller: Marriage can fail for anyone. So, it is important to nurse the situation and discuss this matter as a family. The lady should be nursed and a collective solution be adopted.
Female Caller: The wives to the brothers should also welcome the returning in-law. It’s good to love one another.
Host: Another option is to take the lady to a traditional healer. If the family is religious, she should be taken to the Pastor for deliverance prayer. This will help her restart her life.
Male Caller: Allocate her a place to build a structure where she’ll live with her children.
Female Caller: When I get back, the family should assembly and advise me. They should then erect a structure for me nearby so that they can monitor improvement in behavior to further advice where necessary.
Male Caller: We must sit down as a family and keep her for some time. This will allow time for the husband to cool down. The family should then attempt talking to the husband for the woman to return to her marital home. If it doesn’t work, the issue should be escalated to the community leaders (umphakatsi). If it also fails, then she can be allocated a piece of land nearby to erect a structure. However, the children should not suffer. The father should support his children despite the situation because the children are innocent.
