This study has endeavored to find out socio-cultural factors that influence gender injustices with special focus on sexual and health reproductive rights of women in Swaziland community. It has further examined the extent to which Church Forum as ecumenical instrument has addressed these issues of concern. It has been argued that gender injustice in Swaziland is a result of multifaceted factors. In the first place, the model of governance stands at the apex in championing gender injustice while perpetuating the violation of women sexual and health reproductive rights. It has been found that Swaziland community has embraced a hybrid of both Western and traditional features of governance where the preeminence of the traditional element has been evident. Patriarchal dominance is the second another contributing factor to the plights of women’s gender injustice on issues of sexual and health reproductive rights. This has been compounded by polygamous marriage which is overwhelmingly evident and which is honored, respected and cherished throughout the community. Coupled with absolute poverty, a third factor, these are the critical factors that have significantly contributed to promoting gender injustice forcing most women to engage into a risk unhealthy sexual and reproductive behavior. The Church Forum, which stands as ecumenical instrument has made an intense attempt in addressing issues that affect the entire community of Swaziland, particularly women’s concern. However, this study has revealed that the church engagement has been narrowly limited to HIV and AIDS and food security. It is due to this deficiency of the church engagement into the broader perspective of gender inequalities, unhealthy women’s sexual and reproductive rights have persisted. In this regard, the study has suggested that the ecumenical body in Swaziland should take a more holistic life-affirming approach in order to address women’s gender concerns comprehensively. Such approach must begin with a re-envisioning ecumenical commitment while incorporating aspects of radical feminist approach in order to foster life-enhancing change in Swaziland Community, especially women sexual and health reproductive rights. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2014.

The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa

The impact of cultural practices on the advancement of women in Africa: a study of Swaziland and South Africa

Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.

The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. / Public, Constitutional, & International / LL.D.

The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. / Public, Constitutional, and International / LL. D.

Although Swazi women's contribution to national development has been phenomenal, they like any other women in patriarchal societies confront an overbearing situation in which they have been regarded and treated as minors, both in the family and most spheres of public life. This has largely been due to the social construction of gender. Traditional gender-based attitudes, deeply ingrained in the people's mind set, not infrequently, have limited women's access to and control of various aspects of public life, and impinge on their rights, most especially the rights to selfdetermination and equal participation in the decision making process. Coupled with religion which influences "the deepest level of what it means to be human" (King, 1994:4) and zealous cultural conservatism, the Swazi women, with a few notable exceptions, experience an asymmetry of power due to the pervasive nature of gender. Nonetheless, the history of Swaziland bears testimony, however muted, to a legacy ofwomen's struggles to overcome gendered conditions imposed upon them either by taking full advantage of their spiritual endowment and charisma to overcome attitudinal barriers or by organising themselves into groups to work for the social transformation of their conditions and status. This study examines the Swazi women's search for gender equality. It discusses the social and cultural context of gender in Swaziland, the various moments in the Swazi women's quest for equality and its manifestations, and the push and pull effect of religion and culture. Particular attention is given to four organisations, namely Lutsango lwakaNgwane (loosely referred to as women's regiments), the Council of Swaziland Churches, the Women's Resource Centre (Umtapo waBomake) and Swaziland Action Group Against Abuse (SWAGAA). The study shows that Swazi women have, across a passage of time, adopted different strategies, including ritual, economic empowerment and creation of new knowledge through promotion of gender awareness and social advocacy either in a womanist approach that accepts women's embeddedness in Swazi culture or in the liberal feminist tradition that espouses women's individual rights. However, the study shows that the women's movement has yet to reach the critical mass level so as to influence public policy and come to terms with the deconstruction of the dominant gender ideology. / Religious Studies and Arabic / D. Litt. et Phil. (Religious Studies)

Although Swazi women's contribution to national development has been phenomenal, they like any other women in patriarchal societies confront an overbearing situation in which they have been regarded and treated as minors, both in the family and most spheres of public life. This has largely been due to the social construction of gender. Traditional gender-based attitudes, deeply ingrained in the people's mind set, not infrequently, have limited women's access to and control of various aspects of public life, and impinge on their rights, most especially the rights to selfdetermination and equal participation in the decision making process. Coupled with religion which influences "the deepest level of what it means to be human" (King, 1994:4) and zealous cultural conservatism, the Swazi women, with a few notable exceptions, experience an asymmetry of power due to the pervasive nature of gender. Nonetheless, the history of Swaziland bears testimony, however muted, to a legacy ofwomen's struggles to overcome gendered conditions imposed upon them either by taking full advantage of their spiritual endowment and charisma to overcome attitudinal barriers or by organising themselves into groups to work for the social transformation of their conditions and status. This study examines the Swazi women's search for gender equality. It discusses the social and cultural context of gender in Swaziland, the various moments in the Swazi women's quest for equality and its manifestations, and the push and pull effect of religion and culture. Particular attention is given to four organisations, namely Lutsango lwakaNgwane (loosely referred to as women's regiments), the Council of Swaziland Churches, the Women's Resource Centre (Umtapo waBomake) and Swaziland Action Group Against Abuse (SWAGAA). The study shows that Swazi women have, across a passage of time, adopted different strategies, including ritual, economic empowerment and creation of new knowledge through promotion of gender awareness and social advocacy either in a womanist approach that accepts women's embeddedness in Swazi culture or in the liberal feminist tradition that espouses women's individual rights. However, the study shows that the women's movement has yet to reach the critical mass level so as to influence public policy and come to terms with the deconstruction of the dominant gender ideology. / Religious Studies and Arabic / D. Litt. et Phil. (Religious Studies)