
BY NJABU MABUNDZA
*Tengetile is pregnant with her father’s baby. She is 18 years old and has been repeatedly raped by him for six years. When schools open this year, she will not be going back to complete her studies.
*Sibonisiwe is currently raising her three-year old child who she conceived after a rape. Her rapist cannot be arrested as she is not a competent witness, she is mentally challenged.
What these two adolescent girls have in common is that their doctors feared being arrested or sued if they perform abortions on them. They have no clear guidelines governing medical abortions. There are very restrictive conditions where it is assumed that a court order must be provided to allow these abortions. That is contrary to the provisions of the constitution of Eswatini.
Section 15(5) of the constitution, allows abortions in cases where the doctor certifies that the pregnancy is a serious physical and mental health threat to the womxn, the child will suffer irreparable physical and mental defect or where a pregnancy is a result of rape, incest or unlawful sexual intercourse with a mentally retarded female.
Mandisa Zwane-Machakata, SAfAIDS Eswatini Country Representative said, “It is unfortunate that rape survivors have to carry pregnancies that they did not consent to because, of a legal oversight.”
DNA evidence may be gotten from a foetus to prove the guilt of the perpetrator. The procedure and time it takes to deal with sexual assault cases is to the detriment of the victims as it takes to long. Some cases which are two years are yet to be argued in court and justice is delayed.
Zwane-Machakata said it should be easy for womxn and adolescent girls to have access to safe abortions at public health facilities. “We are currently running a regional campaign My Choice Our Choice, where we are advocating for womxn to have control over their sexual reproductive health.”
Being in control of their sexual reproductive health means womxn are responsible towards themselves, the number of unwanted children is lessened, economic freedom, choice and chance at a better life and opportunities. They get to decide what happens to and within their bodies.
Winile Dlamini, Nazarene Compassionate Ministries Project Officer said, “It is very important for womxn and girls to have a say in laws that govern them, especially their bodies.” Many cases of incest go unreported as in some cases, the perpetrator is a primary provider. The stigma around rape is what prevents action against perpetrators, Dlamini said.
Rape culture has silenced, ignored and subjected victims to inhumane treatment. As a result, some womxn and girls are now raising unwanted children who were fathered by their fathers, uncles, cousins or brothers.
My Choice Our Choice, and The Girl with A Voice are initiatives that are important in advancing womxn and adolescent girls’ rights advocacy.” Winile Dlamini said, “Our organisations are good places to report in the event an adolescent girl needs help. We are trained about the processes that need to be taken and the sensitivity of the issues.
Part of empowering womxn and adolescent girls is making sure that laws that protect them are accompanied by actionable policies. And it is important to have womxn at policy making level as they are in a position to understand fully what implications laws have on the vulnerable group, womxn.
The number of unreported cases may be higher than the above reported. But victims are too afraid to say anything or have been threatened.
Sakhile Dlamini, SWAGAA Communications and Advocacy Officer said, “The organisation has free counselling services that are available to victims.” The number of rape victims is quite high which is disheartening and the organisation intervenes whenever it can, Sakhile said.
SWAGAA has reported 310 cases of sexual violation against womxn and girls in 2020. Between the ages of 0-9 years, there are 55 reported cases, 10-19 years 159 cases, 20-24 years 39 cases, and 25-29 years 57 cases.

Senele Mdluli, Clinical Psychologist said, “It is unfortunate that the psychological effects of raising your rapist’s baby has not been adequately researched in Eswatini.” From how traumatic sexual assault is, a victim will suffer from PTSD, depression and anxiety which may greatly impede on their ability to perform maternal duties, Mdluli said.
The effects may be worse on a 14 year-old who has not developed cognitively and cannot begin to comprehend. “There is a serious danger of her self-harming or harming the baby,” Mdluli said.
“Restricting safe abortion does not stop abortions from happening, it only creates demand for unsafe abortions also known as backstreet abortions. Removal or restrictive laws and policies make it easier for womxn and adolescent girls to access abortion in a safe and controlled environment. Thus, reducing risks of maternal mortality, loss of fertility and trauma,” said Zwane-Machakata.
It is a violation of womxn rights to deny healthcare, in this case, it is a violation of human rights to force an adolescent girl or womxn to carry her rapist’s baby to full term because of restrictive abortion laws.
*Not their real names. Victim experiences were not recounted to avoid retraumatising them.








