Makhosazane Eunice Sacolo (nee Dlamini) and Another vs. Jukhi Justice Sacolo and 2 Others (1403/16) [2019] SZHC (166)

Nature of the Case

The common law of marital power and the Marriage Act of 1964 in eSwatini violate the constitutional rights of married women to equality before the law, dignity, and freedom from race-based discrimination.

Significance of the Case

Women in eSwatini are now enabled to buy and sell property, sign contracts, and conduct legal proceedings without their husband’s consent. If broadly interpreted, this should mean that women should not need their husband’s consent to run for and hold public office. Advocates WLSA and the Southern Africa Litigation Centre, who supported WLSA in the case, hope that this judgment will bring eSwatini closer to constitutional and international human rights law compliance. This decision could also bolster the country’s law reform process to make sure that marriage equality is reflected in all marriage laws. In its decision, the Court also cited to recent judgments from Botswana and India related to the criminalization of sexual orientation in its reasoning that dignity is an essential element of respect and honor, demonstrating the impact of comparative domestic human rights rulings.

For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.