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Influencing unwritten laws in Swaziland - I am somebody’s daughter
Marriage

Today we look at how we can influence unwritten laws in Swaziland when it comes to marriage under Swazi traditional practices. Under customary marriages, a woman is expected to cry during her wedding, and as such, she is motivated to cry through verbal attacks (insinuations or insults). Unfortunately, the insults are unregulated; anyone can say anything. In short, it is part of our culture, so it can be argued successfully that it is our culture to insult women when they are being married and that it is our only way of doing things when we marry under custom. Therefore, it would be difficult to tell people to discard it.

The reasons for the prerequisites of crying when a woman is being married the traditional way vary from area to area. Some argue that it needs to be known that you have arrived in the homestead, and your announcement is through the shedding of tears by screaming so that even the neighbours can hear that something is taking place in this homestead and there is a new wife being tekaed. So, as a result, you are insulted. Others allege that this is basically meant to break you down as a woman to make sure that you don’t become assertive. Other commentators see this as part of the proof that women are not treated on equal footing with men and that this is part of the proof that the woman is supposed to suffer as on her first day when being initiated, she is insulted and degraded verbally to show that she is not equal to any of the family members she is marrying into.

However, there are just unregulated insults that are hauled the woman. The insults and/or insinuations will not be repeated here due to their degrading nature. Whilst it is our cultural tradition to marry women through kuteka, we need to further investigate how our parents were being insulted in trying to force them to cry when kuteka was first introduced as a custom or else as a country, we risk being an archive of backwardness or archives of barbaric behaviour. So, I think it is good to have our own cultures as a people of Swaziland and as Africans, but also we need to try and align our cultures with the new developments and that of the United Nations.

Again one wonders why only women have to be forced to cry when they are getting to marriage and forming a family. Surely, this must be a joyous day for all involved. I begin to question if insulting women during kuteka is part of the culture or that in itself constitutes an abuse of culture. Sadly, customary law in Swaziland is un-codified reliance is placed on experiences of those who have passed through the custom. None of the women said they enjoyed being insulted; they cited humiliation, degradation and hatred for those who insulted them. So, there is a need to regulate the insults and maybe review the need for crying during traditional weddings.

Culture preaches that a wife holds an iron whilst it is hot, that marriage is the end of things (Kukamkhatsali) all these things trains and prepares a woman to stomach violation, to stomach abuse and live with it as if it is part and package of a life of a woman. It does not have to be this way. Women need to be protected from violations and abuse perpetrated by society, families and individuals.

Way forward
Culture is an important heritage that distinguishes Swazis from other peoples; that is dynamic and changes with time. Hence we should find ways and means to influence the unwritten laws of the country to make them be at par with the supreme law of the land (Constitution) and international customs as established by the UN and accepted by the nations of the world, including our country Swaziland. Traditional structures which are the custodian of culture have to be assisted in monitoring which cultural practices render the Swazi people’s customs in conflict with the Constitution and international customary law so as to review and/or discard before we are viewed as an archive of barbaric behaviours that demeans women on their wedding day.

Some suggestions to resolve the issue of insulting women would include;
Ø  Convincing a woman why she should cry;
Ø  Raising awareness that insulting women is injustice, this is unnecessary discrimination;
Ø  Convincing families that the young woman who has come to marry in this family could be their daughter; even if she is not their daughter, she is somebody else’s daughter, would they be happy if their daughter was treated in this fashion;
Ø  Letting older women who were treated harshly like that know that it wasn’t supposed to be like that and that treating somebody else in that same manner doesn’t make them feel better as they still carry those pains that they suffered when they were being discriminated against;
Ø  That they can’t take the pain out on somebody else as that doesn’t reduce how they felt the violation they suffered;
Ø  That furthering the insults create more bitterness with this new person (bride) who could have become her friend or her favourite daughter in law; because she has said so many things now against her (bride), she will stay with that resentment for years.


We look forward to hearing from you. You can leave us your comment below or on Twitter @SimaMavundla or email: simangelekb@yahoo.co.uk or acelushaba@yahoo.co.uk

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