Kids homeless as dad demolishes home
MBABANE – Two children aged nine and six have become homeless after their father destroyed their house to spite their mother whom he accuses of adultery.
Information gathered was to the effect that the polygamist, who is also a soldier based at Nkhanini, forced his wife out of the house and removed the corrugated iron sheets, doors and windows after he had received information that she committed adultery with a resident of the area.
It is said that *Musa’s wife *Ntombi, returned to her parental homestead following the misunderstanding. Her children currently live at their other father’s homestead situated a stone’s throw from the demolished house.
Ntombi then approached the Mbabane Magistrates Court, wherein she sought an order for the renovation of her homestead. She told the court that she had no other place to live with her children after the removal of the corrugated iron sheets, windows and the doors. She submitted that she was still a wife to Musa who married her through Eswatini Law and Custom before the establishment of the matrimonial homestead.
She denied the adultery allegation levelled against her, stating that they were unfounded. As a result, she told the court that their marriage was still in existence.
Restore
Magistrate Innocent Motsa ordered Musa to restore the roofing, windows and the doors so that his wife could stay with her children. Motsa told Musa that his wife and children deserved proper shelter as long as their marriage was still in existence.
The judicial officer advised Musa not to tamper with the homestead even if he felt like divorcing his wife.
“You can divorce your wife on the ground of adultery as long as you have proof. I am sure you know the steps required if parties are married through Eswatini Law and Custom. The issue of the homestead will be decided by umphakatsi, where you were allocated the piece of land,” Motsa said.
Musa agreed to restore the roofing pending finalisation of divorce. He told the court that he was in the process of divorcing his wife.
At the time, Ntombi was of the view that the structure was still intact. Even when interviewed yesterday, she was still of the view that the structure was intact.
However, during a visit to the area, it was discovered that the whole structure had been demolished. Residents of the area shared that Musa recently hired a resident to demolish the structure on his behalf.
Children, including those of Ntombi, were found playing with the rubble of the demolished house.
Taboo
Interviewed residents said even though they considered the incident a taboo, they had no powers to intervene. They shared that they heard the adultery allegations making rounds prior to the demolishing of the structure.
“First, it was the removal of the corrugated iron sheets, doors and the windows. We later saw a resident demolishing the structure. I think the royal kraal is in a better position to deal with this matter,” said one of the residents.
The resident shared that he personally advised Ntombi to report the matter to the royal kraal (umpakatsi) inner council.
However, when asked, Ntombi said she was so confused that she did not think anyone could help her under the circumstances. She said the matter had not yet been reported to the royal kraal.
The area’s inner council indvuna said he was not aware of the matter. “That is news to me, I am not aware of the matter. Maybe I will have to investigate it before I can see how to handle it,” he said.
Swatini Action Group Against Abuse Director Nonhlanhla Dlamini there was no justification for demolishing of the homestead. Dlamini said in as far as the organisation was concerned, the homestead belonged to Ntombi and her children.
She said even if Musa felt like divorcing his wife, he should have done so without interfering with the homestead.
Law
“A wife can be divorced for any reason justified in law but the divorce cannot change the fact that the homestead belongs to the sinless children. Every child has a right to have a place to call home,” she said.
Dlamini implored the relevant structures to compel Musa to rebuild the homestead for his children before it was too late. She said the area’s royal kraal had a crucial role to play in ensuring that the children received justice in the matter.
“Eswatini Law and Custom, which is administered chiefs provides that a homestead is equally owned by a husband and wife. The law provides that children are also entitled to the homestead so no one has a right to just demolish it. I think the royal kraal should take decisive actions against the man who destroyed the homestead,” she said.
She added that taking the children to the other homestead did not hold any water because the situation would change as they grew up. Dlamini said there was a lot that people needed to do at their real homesteads in life.
* Not real names to protect the identity of the children.