![\"\"](\"https:\/\/genesisekucalenimedia.com\/edn\/wp-content\/uploads\/2025\/10\/PAGE-6-Winile-Nhleko-whose-home-was-allegedly-vandalized-by-her-husband-with-the-help-of-Umphakatsi.jpg\")
However, the official did not provide documentation or a written order authorising the seizure of household property.<\/p>\n
Despite the incident, no case has been filed with the Royal Eswatini Police Service (REPS). Winile says she fears intimidation from her husband\u2019s family and uncertainty over whether the police would intervene in what she has been told is a customary issue.<\/p>\n
\u201cI don\u2019t know if I still have rights. They said it\u2019s now in the hands of the Umphakatsi, not the police,\u201d said Winile.<\/p>\n
Chief Police Communications Superintendent Phindile Vilakati contacted for comment said no report matching the incident had been filed by Sunday evening.<\/p>\n
They reminded citizens that property destruction and assault are criminal offences even on Swazi Nation Land, and that anyone affected should open a case.<\/p>\n
Local residents say the scene shocked the neighbourhood. Women\u2019s rights advocates have long warned that customary family disputes can easily escalate into rights violations when not monitored by law-enforcement agencies.<\/p>\n
\u201cThis case is another example of how women\u2019s security and property rights remain fragile under dual legal systems,\u201d said Eswatini Action Group Against Abuse (SWAGAA) Director Nonhlanhla Dlamini commenting generally on similar cases.<\/p>\n
\u201cEven when disputes arise from alleged infidelity, destruction of property or eviction without proper orders cannot be justified,\u201d she added.<\/p>\n
Worth noting is that, under Swazi law and custom, family disputes and property matters on Swazi Nation Land fall under the authority of chiefs and their Umphakatsi councils.<\/p>\n
However, courts have repeatedly ruled that any eviction or confiscation must follow lawful procedure and cannot rely on self-help measures.<\/p>\n
In Dlamini v Shongwe and Others (2018), the High Court ruled that even when a traditional authority has jurisdiction, forceful removal or demolition of property without written orders can be challenged as unlawful.<\/p>\n
The judgment cautioned Umphakatsi structures against acting beyond procedural limits.<\/p>\n
Legal analysts note that cases like the Nhleko matter demonstrate the tension between tradition and state law, where families resort to customary action while victims remain unprotected by police or civil courts.<\/p>\n
In a 2025 case of a widow\u2019s bottle store and grocery building demolished by her area\u2019s chief, who claimed the land fell under his Umphakatsi, was widely reported.<\/p>\n
The widow said the chief arrived with machinery and police escort, destroying the structure without a court order. The incident drew public criticism and revived calls for clear boundaries between customary and civil authority.<\/p>\n
Observers say the Nhleko case echoes that controversy, showing how quickly personal disputes can escalate into property loss when traditional systems act unilaterally.<\/p>\n
So far, no written order has surfaced authorising the seizure of the Nhleko home, and no law-enforcement body has intervened.<\/p>\n
Legal experts say such a situation leaves victims in a vacuum unable to seek help from police while being told the matter is under customary control.<\/p>\n
Human rights lawyers argue that both systems civil and traditional must coordinate to prevent abuse.<\/p>\n
\u201cWhen traditional authorities make rulings that affect property, especially involving women and minors, there should be documentation and police presence,\u201d said attorney Siphesihle Mavuso, commenting broadly on the legal principle. <\/p>\n","protected":false},"excerpt":{"rendered":"By Delisa Magagula Accusations of adultery have spiralled into a public domestic conflict in which a woman\u2019s home…","protected":false},"author":1,"featured_media":4959,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":0,"csco_display_header_overlay":false,"csco_singular_sidebar":"","csco_page_header_type":"","csco_page_load_nextpost":"","csco_post_video_location":[],"csco_post_video_location_hash":"","csco_post_video_url":"","csco_post_video_bg_start_time":0,"csco_post_video_bg_end_time":0,"footnotes":""},"categories":[25,34],"tags":[46,81,58],"class_list":["post-4952","post","type-post","status-publish","format-standard","has-post-thumbnail","category-national","category-pop-culture","tag-africa","tag-court","tag-national","cs-entry","cs-video-wrap"],"yoast_head":"\n