Media Institute of Southern Africa : Promoting Media Diversity . Pluralism . Self-Sufficiency . Independence

Whilst freedom of assembly and association is guaranteed in the 151-page constitution, political parties are not mentioned. As a result it is not clear whether or not Swaziland has moved from a non-party state to multi-party democracy. In the light of the uncertainty, some political parties with the belief that they are free to operate, have positioned themselves for power while others holding a different view have intensified the pressure for the recognition of political party activity in line with modern democracy. The King in the meantime has openly declared that the country is not yet ready for political parties.

Although the constitution, with a Bill of Rights, has been viewed both locally and internationally as an important development for Swaziland , it ushers in very little change. In fact, it has tried to balance the concerns of the royal establishment keen to retain power and the local and international demands for political reform in the landlocked country. But largely, the constitution has entrenched the past. The King has retained his sweeping powers. He remains the head of the executive arm of government. No bill passed by parliament becomes law without his assent. The King still appoints the Prime Minister and Cabinet. In addition, he also appoints chiefs and judges after consulting his cluster of traditional advisors, especially the SNC (Swazi National Council) who are a body of powerful yet handpicked individuals.

In terms of the new dispensation, the constitution is the ultimate law of the land, but the King remains above the law and cannot be the subject of parliamentary legislation. He may dissolve parliament at any time. The King, the Queen Mother, and the resurrected traditional post of Authorised Person, who assumes executive duties if a king should die, cannot be taxed or sued.

The King further retains his powers in the legislature. He appoints 20 of the 30-member upper House of Senate, eight of whom must be women. The other 10 Senate members, five of whom must be women, are then appointed by the lower House of Assembly. The King also has appointees in the House of Assembly. He appoints 10 in addition to 55 elected MPs.

The only important departure from the past is the King's inability to rule by decree. The constitution makes no reference to the King ruling by decree. All legislative powers remain with parliament. In the judiciary, the Supreme Court becomes the Kingdom's highest judicial body.

Another important milestone is the reversal of the 29 year-old state of emergency. The King has pronounced, though vaguely, that the infamous King's Proclamation of 1973 is no longer in existence following the coming into effect of the constitution. The Proclamation immensely effected freedom of expression and banned political parties. It further allowed the King to rule by decree.

Despite the new constitutional dispensation, civil society has still not been exposed to good civic education on matters of good governance and democratic dispensation. Security forces continue to keep all dissenting voices under control in the name of public order and national security.

Issues & Challenges
Media Challenges the Case for Reform

Swaziland is clearly in a state of socio-economic, legal and political flux as it attempts to grapple with many challenges, particularly that relating to the transition from largely autocratic regime to a more open and democratic dispensation. The recognition and legal protection of fundamental rights and freedoms is seen as a basic tenant of both democracy and good governance. Read more

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