MIDRAND – Honourable Welcome Dlamini, representing Eswatini at the Pan-African Parliament, raised concerns over cultural implications in the Draft Model Law on Gender Equality and Equity during recent parliamentary debates.
Dlamini pointed to Article 45(II) under Part 10, which addresses marriage and consent, warning that its current wording could unintentionally outlaw polygamous and polyandrous unions that are culturally accepted in countries like Eswatini.
“Leaving polygamy to the discretion of one spouse could create legal friction with long-standing traditions,” he said, proposing an amendment to better reflect local customs.
Dlamini suggested changing the phrase “informed consent” to “with the knowledge of both parties” to better accommodate cultural practices around marriage.
He also addressed Article 61, which deals with offenses, urging clarification on the issue of virginity testing. “In some cultures, virginity testing is legal and accepted. The law should clarify that it opposes forced virginity testing, not the practice altogether,” Dlamini said.
His intervention called for the Model Law to be adaptable enough to respect diverse cultural traditions across Africa.
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