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SODV Act does not stop men from proposing love- Futhi Lushaba

16 April 2024

Futhi Lushaba is a Principal Crown Counsel in charge of the Sexual Offences Unit under the office of the Director of Public Prosecutions. In our latest civil servants’ blog, she talks about misconceptions surrounding the SODV Act as well as the challenges of dealing with violent crimes.

Government Communications (GC): “When did you join the Civil Service?”

Futhi Lushaba (FL): “I joined the Civil Service in May 2008.”

GC: “What is your current job now and what does it entail?”

FL: “Currently I am a Principal Crown Counsel in the Director of Public Prosecutions. I am a Prosecutor heading the Sexual Offences Unit. This Unit is responsible for the prosecution of sexual and domestic violence cases and human trafficking cases. The Unit is also responsible for cases involving children who are in contact (victims or witnesses) or in conflict with the law (child offenders).”

GC: “Before this role, what other positions did you occupy in the Service?”

FL: “Before being a Principal Crown Counsel I was a Crown Prosecutor and was stationed at Manzini Magistrates Court. I was then promoted to the position of Crown Counsel- that was after I had been admitted as an Attorney of the High Court.  I was first based at Mbabane Magistrates Court and then moved to the Headquarters of the Sexual Offences Unit. I was then promoted to Senior Crown Counsel where I also became a Site Coordinator of the first One Stop Centre in the country, which was a pilot project situated at the Mbabane Magistrates Court premises.”

GC: “So far, what would you say the biggest highlight/achievement of your Civil Service journey has been?”

FL: “My biggest highlight has been being part of a Core Team which pioneered the establishment of the One Stop Centre concept in Eswatini. One Stop Centres are multi-sectoral or multi-disciplinary facilities which provide comprehensive services under one roof. They are based in three hospitals in the country. I have also been involved in developing an Integrated Sexual Offences Manual for stakeholders in the criminal justice system.”

GC: “There are many interpretations of the Sexual Offences and Domestic Violence (SODV) Act of 2018 and its implementation. What are some of the biggest misconceptions you have heard about this particular law and what would your responses be to them?”

FL: “There are lot of misconceptions about this law. However, I would like to highlight just a few which greatly impact the implementation of this law. Most people still believe that the law only protects females, which is not true. This has led to males not coming up to report abuse which they have suffered because they believe that it protects females. Another misconception is that the law prevents men from proposing love to girls, especially the issue of unlawful stalking. That is not true, as well.”

GC: “How can both men and women ensure that, in particular, around issues covered by the SODV Act, they act within the law in interactions with each other?”

FL: “It is important to respect yourself as a person first. Respect yourself to the extent that you do not tolerate something which makes you feel uncomfortable or a situation which makes you feel uncomfortable. Secondly, respect others. Do to others what you would want others to do to you. It is simple as that. Respect and love yourself and respect others.”

GC: “What measures are in place to educate emaSwati about new laws passed in the country?”

FL: “Offices responsible for the laws have programmes in place and they engage partners to educate emaSwati about new laws. When the SODV Act was enacted, the Office of the Deputy Prime Minister roped in stakeholders involved in the law and we went about educating people in companies and in communities about the Act.”

GC: “What benefits have been derived by the country by having the SODV Act in place?”

FL:     “a)      Common Law was very old and some acts of abuse were not criminalised.

  1. b) Sentences in common law were very low. As much as sentencing is a discretion for the court, the SODV guides Judicial Officers on sentences to be imposed in each offence.
  2. c) The Act does not discriminate. In common law, some offences were committed against females only and some for males only. The SODV talks about a person and is not gender specific.
  3. d) The Act has also introduced new offences like stalking, sexual harassment and indecent treatment of children.
  4. e) Domestic violence is now an offence.”

GC: “What do you love the most about working in Government?”

FL: “Working for Government is good. There is job security. Even though there are some challenges but at least you know that if you deliver you will get paid at the end of the month and it is not easy to lose your job.”

GC: “What do you love the most about your job and profession?”

FL: “What I like the most about my profession is that it is a noble one hence we are called learned friends. I also like to assist people. Those who have been aggrieved must get justice for the harm or loss suffered. Those who have done wrong or perpetrators must pay for what they have done. That is what I believe in.”

GC: “What would you say are some of the challenges that come with your job?”

FL: “The job is sometimes traumatic. It comes with a lot of trauma especially when dealing with cases of murder, rape, attempted murder and others which have a domestic violence element. You must be emotionally intelligent to be able to overcome emotions. The job requires dedication and focus. A lot of reading is also involved.”

GC: “What lessons have you learnt working for Government?”

FL: “In Government, first, I have learnt to serve. I have also learnt to respect structures in place in every Ministry. I have also learnt to be loyal.”

GC: “What advice would you have for someone who wants to work for Government?”

FL: “Firstly, I would advise one to apply early for whatever post they wish to apply for. Also, be patient because Government hiring takes time and a lot of processes are involved. I would also advise them to be prepared to serve. In Government, as you work you serve. Do not relax, but upgrade yourself within the system as there are many opportunities to do so.”

GC: “What are your aspirations for the future in Government?

FL: “I would like to be a Judge one day in the Specialised courts as mentioned in the SODV Act.  I would also like to work in any field in Government.”

--Ends—

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Hon. Minister Prince Simelane Profile

The Honourable Minister of Justice and Constitutional Affairs, His Royal Highness Prince Simelane, was born on 8 March 1957 in Lozitha, Manzini Region.

He completed his O’level Certificate at Swazi National High School in 1978. In 1982, the Honourable Minister enrolled for a Bachelor of Science (Political Science) at the Indiana State University in the United States of America, which he completed in 1986. Soon after completing his degree, he joined the Umbutfo Eswatini Defence Force where his extensive work experience journey spanning over 30 years began. HRH Prince Simelane served in different roles until his highest rank as Major General.

Additionally, the Honourable Minister has received training on National Development Strategy in Taiwan and Infantry Basic Course at Fort Benning, a United States Army Post in Columbus, Georgia. Moreover, the Honourable Minister has served as a Board Member in a number of organisations in the Kingdom of Eswatini, including the Land Speculation Control Board, Tibiyo TakaNgwane, Central Bank of Eswatini and the Royal Liaison Officer for Churches.

In 2018, His Majesty King Mswati III appointed HRH Prince Simelane into Parliament and then as Minister of Housing and Urban Development. On 4 October 2023, His Majesty King Mswati III reappointed HRH Prince Simelane as a Member of Parliament. On 13 November 2023, His Majesty the King and Ingwenyama of the Kingdom of Eswatini further appointed HRH Prince Simelane as the new Minister of Justice and Constitutional Affairs.

COAT OF ARMS

 

REMARKS BY THE HONOURABLE MINISTER OF JUSTICE & CONSTITUTIONAL AFFAIRS, PHOLILE P. SHAKANTU ON VALIDATION & ADOPTION OF INTER-AGENCY COORDINATION FRAMEWORK HELD ON 27TH JULY 2022 AT MOUNTAIN VIEW PROGRAMME DIRECTOR UNODC REPRESENTATIVE, LINDY MUZILLA ATTORNEY GENERAL DIRECTOR OF PUBLIC PROSECUTIONS NATIONAL COMMISSIONER OF POLICE COMMISSIONER OF ANTI-CORRUPTION COMMISSIONER COMMISSIONER GENERAL OF ESWATINI REVENUE SERVICE CENTRAL BANK GOVERNOR PRINCIPAL SECRETARIES CHIEF EXECUTIVE OFFICER –FINANCIAL SERVICES REGULATORY AUTHORITY DIRECTOR OF FINANCIAL INTELIGENCE UNIT SENIOR GOVERNMENT OFFICIALS THE INTER AGENCY TASK TEAM MEMBERS UNODC CONSULTANT, JACINTA ODOUR LADIES AND GENTLEMEN MEDIA 2

 

 

It is my honour to be amongst you today as we validate the ‘Framework for Inter-Agency Co-ordination in Asset Recovery for Eswatini’, a project initiated by the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA) under the United Nations Office on Drugs and Crime (UNODC). On the 29th October 2021 , stakeholders convened for a working group session to develop a framework on inter-agency coordination in the Kingdom. This Framework will improve the effectiveness and efficiency in the asset recovery processes targeting money laundering and terrorist financing risks and priority areas. It will further enable Eswatini to fulfil its international obligations in combating money laundering and terrorist financing. Ladies and gentlemen, the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), evaluated the country’s systems and mechanisms in place to fight money laundering activities and terrorist financing. ESAAMLG noted that there is a lack of co-ordination and cooperation in identifying and investigating terrorist financing cases as well as the risk of terrorist financing among Law Enforcement Authorities, private sector and other competent Authorities. Additionally noted, was the lack of an information sharing mechanism or platform on money laundering and terrorist financing between agencies and among supervisory authorities. The framework will therefore assist the Kingdom in closing the gaps identified by the evaluation exercise. 3 May I take this opportunity to express His Majesty’s Government’s appreciation to the ARINSA for the continued technical and financial support extended to the Kingdom in developing this framework. Furthermore, may I appreciate all stakeholders for their work and dedication to this project, despite their busy schedules. Ladies and gentlemen, the fight against crime cannot be won by the Ministry of Justice and Constitutional Affairs alone. The need for coordination and collaboration of stakeholders at national and international level cannot be overemphasized. As we commit to the next steps of finalizing this framework, we are looking forward to your continued support. I thank you.

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