Nov. 7
SWAZILAND:
Death penalty for HIV+ Rapists
Rapists found to have infected their victims with HIV and AIDS will now
face death as the maximum sentence upon conviction by the courts.
Such is applicable to cases in which the survivor is below the age of 14,
alternatively whereby the perpetrator has parental power over the child.
This is reflected in the new legislation, Sexual Offences and Domestic
Violence Bill of 2005, presently a draft.
The Bill has already been presented to a number of stakeholders for
further scrutiny and debate.
It was promulgated by NGOs, government, and other collaborating partners
in an attempt to strengthen the outdated Girls and Women Protection Act of
1920.
States the preamble in part; "Whereas there is an outcry on the escalation
of sexual offences and domestic violence against women and children
including infants which has accelerated the HIV and AIDS pandemic
resulting in His Majesty declaring HIV and AIDS a National Disaster."
States the Bill under Section (8):
"Any person who is convicted of rape under this Bill is liable to:
(a) imprisonment for a minimum period of 30 years without an option of a
fine if the victim is above 14 years, but below 18 years; or 15 years
without an option of a fine if the victim is above 18 years,
(b) the death penalty if the victim is below the age of 14 years; or
(c) the death penalty, where HIV and AIDS is an aggravating factor
(d) death penalty where such person has parental power over the child.
On conviction of a rape charge, a suspect would be subjected to a blood
test conducted by a medical doctor, a qualified nurse, midwife or forensic
nurse and if the results are positive, such results must be retained by
the person in charge of the institution where the test was conducted and
submitted by the prosecutor before the presiding officer pronounces the
sentence.
Swaziland Action Group Against Abuse (SWAGAA) Director Nonhlanhla Dlamini
said they solicited people's views before enacting the legislation,
especially the part on the death penalty.
"Pre-testing was conducted to obtain views of the people prior to
implementing the section that deals with sentences to be imposed on rape
convicts. We know from a human rights point of view that the death penalty
could be challenged.
"However, the people's views hold the superior opinion; whether we
maintain the death penalty or do away with it. The logic behind the
enactment of such a Bill was clear; it is known that sexual abuse
survivors infected with HIV are condemned to death."
Dlamini said they would still rely on people's views during the Bill's
debate, a process which is in progress.
The Bill's purpose was outlined as one meant to afford survivors of sexual
offences and domestic violence protection and to introduce mechanisms
seeking to empower service providers to give full effect to the provisions
of the Bill and fortify them in order to eradicate the prevalence of such
offences.
Minister of Justice and Constitutional Affairs Prince David is expected to
table the Bill in parliament once the stakeholders have made their input.
In fact, there have been several calls made by different stakeholders,
including Members of Parliament, that rapists, HIV positive or not, should
upon conviction be sentenced to death, castrated or given life sentences.
In respect of rape cases accompanied by aggravating factors, the High
Court normally imposes custodial sentences ranging between 12 and 18
years. The judicial officers have persistently lamented the escalating
numbers of rape cases involving minors.
At some point the judges implored legislators to revisit the Girls and
Women Protection Act of 1920, saying the law was no longer effective.
Dr. Joshua Mzizi, human rights activist, could not be reached for comment
at the time of compiling the report.
(source: The Swazi Observer)
