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COVID-19 stalls suspended ESWACCA director’s SODV case

Vusi Ndlangamandla by Vusi Ndlangamandla
April 28, 2020
in Local News, News
4 min read
0
COVID-19 stalls suspended ESWACCA director’s SODV case

ESWACCA suspended Director Sabelo Dlamini with his Lawyer Derrick Jele

Mbabane: The bite of COVID-19 is deeply felt in literally all spheres of life.

Suspended Eswatini Civil Aviation Authority (ESWACAA) Director Marketing and Communications Sabelo Dlamini’s case was stalled due to government’s COVID-19 regulations which prevent people from meeting in one place. The director, whose last court appearance was on March 30, confirmed that the case has been stalled until the COVID-19 dust settles. His first appearance was on March 12.

Dlamini was arrested for an alleged offence of sexual harassment, which is considered a serious offence under the Sexual Offences and Domestic Violence (SODV) Act of 2018.In the criminal charges, Dlamini is accused of having violated Section 48(1) (2) of the Sexual Offences and Domestic Violence Act of 2018.

The alleged sexual harassment offence is said to have taken place at his work place in Matsapha, and the victim opened a case against the director at the Sigodvweni Police Station. The victim is also an employee of ESWACCA as a cleaner. The director was arrested after an internal hearing at work on the same case. His arrest coincided with the beginning of his internal disciplinary case, which was said to be a separate incident.

According to the charge sheet, Dlamini allegedly wrongfully and unlawfully sexually harassed the complainant by touching and kissing her on the cheeks in a sexual manner. He is alleged having committed the offences between August and November 2018 while at ESWACAA office in Matsapha. He, however, denied having committed the offences. According to the authority’s disciplinary code, sexual harassment even for a first offender is regarded as a serious offence with dire consequences.

At one point workers at ESWACAA tried to petition the employer where they enumerated a litany of complaints on how the director was allegedly mistreating them.

The victim in the case testified before court that she had undergone harrasment by the director for a long time and yet did not tell her husband. She said she was afraid to bring the matter up to her spouse despite living in the same house.

Leading her evidence-in-chief on March 12 the victim said she was assisted by one Fikisiwe Dlamini who advised that she took the matter up with the Human Resource officer. Defence attorney, Derrick Jele grilled the victim and punched holes in her argument, from a document that had been compiled during the internal hearing at ESWACA. Jele submitted that according to the document the victim was contradicting herself. The defence also attempted to prove that a group of workers at ESWACA had a negative agenda against the accused and this was displayed through a WhatsApp group formed by the workers.

Fine

According to the SODV Act a person who sexually harasses another commits an offence and shall on conviction, be liable to pay a fine not exceeding E25 000 or to imprisonment for a period not exceeding 10 years or both. The Act says that sexual harassment is committed where: a person subjects another to an unsolicited act of physical intimacy including but not limited to, psychical contact such as patting, pinching or touching in a sexual way or unnecessary familiarity such as deliberately brushing against another. Also, the Act states that sexual harassment is committed where a person makes an unsolicited demand or request, whether directly or indirectly or by implication for sexual favours from the other person; a person who engages in any unwelcoming conduct of sexual nature in relation to the other including but not limited to offensive telephone call and indecent exposure.

SODV Act

SEXUAL HARASSMENT

  1. (1) A person who sexually harasses another commits an offence and shall, on conviction, be liable to pay a fine not exceeding twenty-five thousand Emalangeni or to imprisonment for a period not exceeding ten years or to both. (2) Sexual harassment for the purposes of this Act is committed where−

n (a) a person subjects another person to an unsolicited act of physical intimacy,  including but not limited to, physical contact such as patting, pinching or  touching in a sexual way or unnecessary familiarity such as deliberately brushing against another;

n (b) a person makes an unsolicited demand or request, whether directly or by  implication, for sexual favours from the other person;

n (c) a person engages in any other unwelcome conduct of a sexual nature in relation to the other person including but not limited to offensive telephone  calls and indecent exposure;

n (d) the person engaging in the conduct described in paragraphs (a), (b) or (c),  does so−

(i) with the intention to offend, humiliate or intimidate the other person; or

(ii) in circumstances where a reasonable person would have anticipated the possibility that the other person would be offended, humiliated or intimidated by the conduct.

(3) For purposes of subsection (2) (d) (ii), the circumstances that are relevant in  determining whether a reasonable person would have anticipated the possibility that the other

person would be offended, humiliated or intimidated by the conduct include −

(a) the sex of the other person;

(b) the age of the other person;

(c) the race of the other person;

(d) any impairment that the other person has;

(e) the relationship between the other person and the person engaging in the conduct;

(f) the nature of the place, whether private or public, and the time of the day; and

(g) any other circumstance of the other person the Court may find or deem relevant

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