Alpheous Nxumalo’s SODV Act Challenge Returns to High Court Roll Call

The constitutional challenge filed by former government spokesperson Alpheous Mfana Nxumalo against the Sexual Offences and Domestic Violence (SODV) Act of 2018 returns to the High Court tomorrow for roll call before Judge Mumcy Dlamini.

The case, which has attracted widespread public interest since Nxumalo’s arrest and release on bail earlier this year, is edging closer to trial.

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During its last appearance in August, the High Court indicated that a trial date would be allocated during the September session of the courts. Tomorrow’s roll call is expected to confirm the scheduling of the matter.

Nxumalo’s charges and constitutional challenge

Nxumalo faces rape charges involving two siblings aged 17 and 18. However, he is contesting the constitutionality of the law under which he was charged.

In his application, Nxumalo seeks:

• A declaration that his prosecution is unlawful, irregular, and unconstitutional.

• The criminal proceedings against him to be set aside, pending determination of the constitutional issues.

At the heart of Nxumalo’s argument is the claim that the SODV Act was improperly passed. He contends that it violated Section 115 of the Constitution, which requires any Bill introducing substantial changes to Swati law and custom to be referred to the Council of Chiefs before being debated and passed by Parliament.

Nxumalo argues that this constitutional step was skipped, rendering the law invalid.

Respondents and next steps

The respondents in the matter include:

• Principal Magistrate David Khumalo

• Director of Public Prosecutions

• Speaker of the House of Assembly

• President of the Senate

• Deputy Prime Minister

• Attorney General

Nxumalo, who was granted E50 000 bail in April (E5 000 paid in cash), maintains that the charges against him should fall away if the court rules in his favour.

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