On Friday 30th August, the High Court of Swaziland ruled that sections 4 and 25 of the Marriage Act offended women’s constitutional rights to dignity and equality. The law regulates married women to the legal status of minors under the guardianship of their husbands. The High Court ruled that the doctrine of marital power was unconstitutional, as it infringes women’s constitutional rights. Marital power refers to the principle that a husband has the overriding right to decide over his wife and their matrimonial property.
In Swaziland, violence against women is normalised, as King Mswanti III continues to promote multiple aspects of a patriarchal society. The inequalities women face in Swaziland were discussed in our 2016 briefing paper on Women’s Rights in Swaziland, which is referenced several times in this Swazi Media Commentary article about the recent High Court ruling.
While ACTSA welcomes the High Court’s ruling, we want to see the law enforced. Moreover, the ruling only relates to one dimension of women’s rights. Therefore, it must be recognised that the struggle for gender equality in Swaziland is far from complete.