‘Ripe’ or not, consent age is 18 – Traditionalists

As the debate continues to swirl around the age of consent for females in the country, traditionalists have stepped forward to weigh in on the matter.

They have clarified that, under Swazi Law and Custom, a girl’s readiness for sexual intercourse cannot be determined by her physical appearance but rather by her age and maturity.

This follows the ongoing constitutional case involving Government Spokesperson Alpheous Mfana Nxumalo, who is challenging certain provisions of the Sexual Offences and Domestic Violence (SODV) Act of 2018. Nxumalo faces two counts of unlawful sexual intercourse with females aged 17 and 18, respectively.

The case has reignited a national discussion on what constitutes the legal and customary age of consent in Eswatini. Nxumalo’s matter, heard by the Constitutional Court, revolves around his argument that Parliament failed to refer the SODV Bill to the Council of Chiefs as required under Section 115 of the Constitution.

Judgment in the case has been reserved, and the ruling will be delivered on a date to be announced by the Registrar of the High Court.

The hearing sparked widespread debate on social media, particularly after courtroom exchanges touched on the issue of a girl’s “readiness” for sexual intercourse under Swazi Law and Custom. Many questioned whether traditional perspectives align or conflict with the SODV Act, which sets the age of consent at 18 years.

Traditionalists, however, have sought to clear any confusion. They insist that Swati customs have long upheld respect for womanhood and chastity — and that even within cultural norms, the age of consent does not fall below 18.

Cultural commentator Mhlonipheni Msibi explained that under genuine Swazi Law and Custom, a woman is only considered ready for sexual relations once she has attained the age of 20 years, while for men, readiness comes around 25 years.

“For a man to start touching a woman below 20 and even have her sleep over at his place (kujuma) is not congruent with the culture of Emaswati,” said Msibi.
“Her readiness cannot be gauged by how she appears physically. Because of adopting Western laws, the proper age to consent sexually nowadays is 21 years. Even then, it remains against our culture to touch a girl below 20. Don’t touch her; wait for her to grow. In the old days, anyone who caused an underage girl to lose her virginity was severely dealt with.”

He further clarified that in Swati custom, a man must first seek consent (kucela) from a woman’s parents before she can spend the night at his homestead.
“The girl must also give her own consent because if she does not, then it is wrong,” he added, noting that the age gap between the man and woman is irrelevant, provided she has reached the age of consent.

Another traditionalist, Elliot Mkhatshwa, offered a slightly different view, saying the age of consent begins at 18 years if Swati customs are properly observed.

“The man is supposed to propose love to the girl, and if she responds positively, he is expected to introduce her to his family. Securing her consent and that of her family is important before she can sleep over (kujuma),” Mkhatshwa said.
“I’m aware that nowadays, due to Western laws, the age of consent is 21 years.”

Mkhatshwa added that even when a woman has reached the legal age of consent, she must also show emotional and social maturity to take responsibility for her choices.

“It is wrong for a man to go for a woman below the age of 18 in our culture. It’s rape. Anyone below 18 cannot consent, and their maturity is questionable. Her readiness for sexual intercourse cannot be based on her physical appearance,” he stressed.