ELECTION UPDATE 2003 SWAZILAND

Number 1 9 September 2003

contents

Historical Perspective Historical Background 1 Socio-Economic Perspective Socio-Economic Profile 5 Constitutional Perspective Constitutional Development 9 Political Perspective Struggle for Political Power 16 Electoral Perspectives Swaziland’s Electoral Process 21 Review of Previous Elections 26

Published with the assistance of NORAD and OSISA

HISTORICAL PERSPECTIVE

HISTORICAL be traced to the second part force due to the introduction th BACKGROUND of the 18 century when of conscription. This factor, King Ngwane III led a Nguni together with diplomatic sub-group across the skills, enabled the Swazi to Jackie Kalley Lebombo Mountains into the long retain their Electoral Institute of area now known as independence in an era of Southern Africa Swaziland. They coalesced colonial domination. into a homogenous nation by An investigation into the beginning of the 19th A century later, however, Swaziland’s political century under King Sobhuza most of the land had been development reveals the I, who subdued and taken over by white migrant tension produced by the incorporated into his people settlers, mainly from the adoption of a bi-cameral large numbers of non-Nguni Cape Colony. They were Westminster-style people. They became known granted land rights and constitution on an African as the amaSwati or Swazis mining concessions by the nation ruled by a traditional under the rule of his king, Mbandenzi. Although monarch. The origin of the successor, Mswati II, and Swazi sovereignty was Swazi people can probably became a powerful military formally recognised by Great election update 2003 swaziland number 1

Britain and the South through “native authorities” Council in an attempt to African Republic, it was in which the Royal Family establish a Legislative under constant threat. This was given a seminal role. Council. This move was finally culminated in the They emerged as a dominant supported by the King, and, declaration of a “political political force due to their in 1963, a Constitutional dependency” status and, control of access to the land Conference was held in despite protest by the Swazi and its concomitant legal and London which led to the royal family it was tax powers. Political parties promulgation of a administered initially by were slow to develop; the Constitution in the same Great Britain and later, in Swazi Progressive year. It provided for racially 1885, by the Transvaal Association was formed in based representation in the Republic. On cessation of 1929 but only established Legislative Council and the the Anglo- Boer War, itself as Swaziland’s first rural constituencies fell Swaziland was administered political party in 1960 when under the control of the through the British High it became known as the traditional chiefs. Political Commissioner in South Swaziland Progressive Party parties were weakened, the Africa and in 1907 it was and was led by Dr Ambrose position of the royalists and declared a High Commission P. Zwane. A split in the party the King were strengthened territory and a resident High led him to form the Ngwane while the small white Commissioner was stationed National Liberatory community was given in Mbabane. Where it was Congress (NNLC), with its disproportionate influence. feasible, administration was manifesto pledging to In the 1964 elections the operated through a system of establish universal suffrage INM won an overwhelming traditional authority and to support Swaziland’s 85 % victory and wooed structures, albeit with independence under a several opposition members reduced powers given their constitutional monarch. The to its ranks. This victory subordination to the British Swaziland Democratic Party emboldened them to wrest government. The King and (SDP), led by Simon more concessions from the Chiefs retained their Nxumalo and later by Allen British government. A positions but the King was Nxumalo, was also further round of known as the Paramount established; this political constitutional negotiations Chief and the Chiefs were activity led the King and his culminated in a Constitution regarded as salaried officials supporters to form their own that served as a basis for of the state. party, the Imbokodvo independence. By the time National Movement (INM). that formal independence In 1921, the European Given their connections and from Great Britain was Advisory Council was resources, they soon became granted on 6 September established to represent a formidable force, winning 1968, approximately 56% of white commercial interests all the seats in the the land had been but became a political tool. Legislative Council in the repurchased by the state. Both South Africa and Great 1964 and 1967 elections. As Although constitutional Britain envisaged the power became more issues, electoral processes ultimate incorporation of centralised in the hands of and a discussion of political Swaziland into South Africa. the King, so the role of parties form the basis of later Local interests, however, political parties diminished. contributions, a basic outline stressed the unique nature of is presented here in order to the Swazi people and by the The call for the restoration of place all future 1940s, the British Swazi independence began developments in historical administration developed a in 1960. It was initiated by context. system of indirect rule the European Advisory

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The Independence Swaziland’s social fabric and Political parties and Constitution allowed for a had thus created a campaigning were Prime Minister responsible constitutional crisis. Basic prohibited. The King, in to the bicameral parliament civil rights were denied and effect, ruled with absolute and the King (then Sobhuza all party activity was banned. power for the ten years II) as the Head of State. The This was followed by an before his death in 1982. The pre-independence election announcement that the Royal new Constitution was never had resulted in the Proclamation of the previous formally presented to the unopposed victory of the week was only an interim people as required by Swazi King’s party, the INM, but in measure and that a custom and the governing the first elections, held from Constitutional Commission constitutional elements 16 to 17 May 1972, the would choose a constitution comprised the 1973 ruling party won only twenty pertinent to Swazi traditions Proclamation, several one (21) of the twenty four and international trends. The subsisting provisions of the (24) seats in the House of Royal Commission was 1968 Constitution which had Assembly. The remaining appointed on the country’s been expressly retained by three (3) seats were won by sixth independence the Proclamation, and the radical NNLC, and given anniversary on 6 September various royal decrees. their backing by the labour 1975 and presented its unions were considered a findings on 24 January 1975. Sobhuza’s death witnessed a serious threat to the It was only in March 1977 power struggle between the supremacy of the Dlamini that the King announced the traditionalists and clan. At the end of May replacement of the modernists. The Prime 1972, the King, in addressing parliamentary system with Minister, Prince Dlamini was a meeting commented that one based on traditional dismissed but refused to the advent of an official elements and in October accept his dismissal, and in opposition was a new 1978 that the Tinkhundla- the interim the Kingdom was development and a legacy system was established (The ruled by the Queen Regent. from the British colonial Swazi Administration Order, On the 26 August 1983, administration. By July, a 1998 (Order No. 6 of 1998). fifteen year-old, Prince new bill was introduced It confirmed the powers of Makhosetive then at a public providing for amendments to the King and according to school in the United the Constitution, including this system; the country was Kingdom, was named as the inter alia, an increase in the divided into 40 electoral heir. The prince assumed the Members of Parliament from districts, each of which title of King Mswati III on six to ten, and an increase in elects two representatives to 25 April 1986, two years the number of Senators, also form an electoral college, earlier than originally from six to ten. which then elects the planned and in a move to Members of the House of strengthen his personal On the 12 April 1973, King Assembly. All candidates authority, he dissolved Sobhuza repealed have to be independent of Parliament one year before Swaziland’s Independence any political party and stand schedule and called for new Constitution and assumed as individuals. The bicameral elections. These were held in full judicial, legislative and Parliament (Libandla) November 1987. In 1989 he executive power consisting of a House of assumed full executive (Proclamation No. 7 of 12 Assembly and a Senate was power on the occasion of his April 1973). The existence confined to debating 21st birthday. of political parties was cited government proposals and as the reason for this served in an advisory Pressure built up over development as they were capacity to the King. several years to modernize not deemed part of

3 election update 2003 swaziland number 1 the political system, and in Swazi customs would take References particular to draft a supremacy over any contrary constitution containing a Bill human rights obligations. Africa South of the Sahara 2002. of Rights. Several political London: Europa Publications, 2002. groupings emerged, despite This was the background the ban on political parties, against which the Economist Intelligence Unit. and have served as a form of Constitutional Drafting Namibia: Swaziland; Country opposition to agitate for Committee, chaired by the Profile 2001. London: EIU, 2001. reform and democratization. King’s brother, Prince International Bar Commission. These include PUDEMO, the David, was established in Striving for Democratic Swaziland Federation of 2002. Its mandate stated that Governance: An Analysis of the Trade Unions, the Swaziland the process should be as Swaziland Constitution; A Report. Youth Congress and the inclusive as possible, as London: The Association, August Human Rights Association transparent as possible, as 2003. of Swaziland. An alliance of participatory as possible and Kalley, J.A., Schoeman, E., Andor, pro-democracy groups, the accountable to the people. E. Southern African Political Swaziland Democratic These criteria were not met History: A Chronology of Key Alliance has also been as the proceedings were not Political Events from established. Since 1990 anti- made available to anyone Independence to mid-1997. Westport, Conn.: Greenwood government demonstrations other that the members of the Press, and strikes have escalated Committee, the Attorney- and in 1996, the King General, several Lodge, Tom, Kadima, Denis, appointed a 30-member constitutional experts and Pottie, David, eds., Compendium Constitutional Review members of the Secretariat. of Elections in Southern Africa. Johannesburg: Electoral Institute Commission to examine the There was no consultation of Southern Africa, 2002. constitutional system, with the Swazi judiciary. A determine the wishes of the conference was organised in Lodge, Tom, Kadima, Denis, Swazi population regarding a July 2002, by the Swaziland Pottie, David, eds., Compendium new system of government Council of Churches to of Elections in Southern Africa. Johannesburg: Electoral Institute and to make debate issues around the of Southern Africa, 2002. recommendations on a new process and a fourteen – Constitution. Its terms of member committee was Nohlen, D. Krennerich, M., reference (Decree, No 2 of appointed to inform the King Thiaut, B.,eds, Elections in Africa: 1996), initially provided that of their criticisms of the A Data Handbook. Oxford: Oxford it would draft a new Constitutional Review University Press, 1999. Constitution but these were Commission Report. They subsequently amended to the were not allowed access to drafting of a report which the King. was completed in August 2001. The Report concluded A draft document was that “an overwhelming completed by October 2002 majority” recommended that but the King and Prince the system of government David apparently disagreed based on the Tinkhundla on its contents. It was finally must continue, the ban on presented to the Swazi nation political parties maintained, on 31 May 2003. the executive powers of the King retained, the position of the traditional advisers to the King strengthened, and that

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SOCIO-ECONOMIC PERSPECTIVE

SOCIO-ECONOMIC common history, tradition increase in population PROFILE and customs. The official growth from 374 571 in languages are English and 1996 to 994 000 in 19973. siSwati. Swazis are very According to United Nations Wole Olaleye religious people. More than Population and Development Electoral Institute of half (55%) of the population Programme (2002), the Southern Africa belongs to protestant group; population growth rate for Muslim (10%); Roman 2001 was estimated at Geography and Population Catholic (5%); and those that 1.83%4. The life expectancy subscribe to the indigenous at birth for the population Swaziland is a small belief represent 30% of the stands at 37; 86 years for landlocked country in population. Adult literacy males and 39.4 years for Southern Africa, surrounded rate – the proportion of females5. Alarming statistics by South Africa on three population age 15 and over have recently emerged about sides, with Mozambique to that can read and write is as the extent to which the northeast. With an area high as 78.9%1. Human Swaziland has been affected of 17,364 km2, it is one of Development Index (HDI) by the HIV/AIDS epidemic. the smallest African states. ranking (2000), ranked According to recent The country is divided into Swaziland at 122 out of 173 UNAIDS statistics, the mountainous Highveld in the countries (1 = most country is among the hardest West, grassy Middle area in developed, 173 = least hit in Southern Africa, the centre and bush and developed). ranking alongside Botswana, Lowveld in the East. The Namibia and Zimbabwe. Climate varies from tropical The HDI measures a Swaziland has now been to near temperate. The country’s achievements in added to the list of countries Highveld is humid and three aspects of human where 20-26% of the temperate, with warm wet development: longevity, population between the ages summers and cold dry knowledge and a decent of 15 and 49 are carrying the winters (down to 5 degrees standard of living. Longevity virus. at night). The Middle area is is measured by life subtropical, again with wet expectancy at birth; In a 1998 survey, the Health summers and dry winters. knowledge is measured by a Ministry found that almost The lower region is dry and combination of the adult 50% of hospital in-patients hot in summer and with literacy rate and the were HIV-positive. Among warm winter days and cold combined gross primary, tuberculosis patients, the rate nights. Rainfall is sparse in secondary, and tertiary is as high as 58% (TB is one the lower areas. The hottest enrolment ratio; and standard of the most common months are January and of living, is measured by opportunistic infections February: 15-25 °C; coldest GDP per capita2. associated with HIV/AIDS)6. month, June, 5-19°C; driest The government has now month, June, 18 mm average The population is estimated rainfall; wettest month, to around 1.1 million. The 3 January, 252 mm average Masuku, M. Swaziland. In: rainfall. country is said to have Lodge, T. Kadima, D., Pottie, D., experienced a steady eds. Compendium of Elections in Southern Africa, 2002 Swazis are a homogeneous 4 CIA World Factbook, 2002 group of people with one 1 CIA World Factbook, 2002 5 Ibid. 2 Ibid. 6 CIA Factbook, 2002

5 election update 2003 swaziland number 1 identified HIV/AIDS as an Economic Structure and sectors. Economic growth emergency, requiring Outlook fell to 2.5% in 2000 mainly priority attention. A National due to poor agricultural Aids programme was The economy is largely production attributed to the established to coordinate all dependently on agriculture floods in February 2000. The aspects of the fight against (mainly sugar) as the regional drought has the disease. The government mainstay of economic adversely affected the is also working closely with productivity. Agriculture country and the food crisis is NGOs, recognizing that the (8.7% of GDP) which affecting about a quarter of scale of the problem obliges provides inputs for the the population. The sugar all sectors to pull together. In manufacturing sector has industry remains the addition, emphasis is put on been negatively affected by backbone of the economy. education and prevention adverse weather conditions. According to Swaziland campaigns, designed to Sugarcane and maize are two Sugar Association data, increase awareness of important agricultural crops. output represents a quarter of HIV/AIDS among youth. Sugarcane is largely grown GDP; an eighth of exports; in irrigated land and has and three-fifths of Mbabane and Manzini, been partially protected from agricultural production. The which are 40km apart, are the effects of the regional long term outlook for the the two main commercial drought. The manufacturing sugar industry is uncertain. centres with estimated sector (35.6% of GDP) is The existing European populations of 60 000 and 74 expected to have suffered as Union and African, 000 respectively. These two a result of lower agricultural Caribbean and Pacific (EU- cities and the area between output. It is the second ACP) Sugar Protocol and the them form the country’s largest contributor to output Agreement on Special commercial, financial, after the services sector, Preferential Sugar (SPS) will tourism and manufacturing which accounts for 43.4% of be renegotiated when they hub. The Matsapha Industrial GDP. Sugar refining and soft expire in 2008. Also, the Area is the largest industrial drink processing in the EU’s new Everything But park in the country. In manufacturing sector have Arms (EBA) initiative will addition to this, the cities of strong linkages with the phase out preferential access Mbabane, Manzini and the agricultural sector. The between 2006 and 2009. town of Nhlangano have banking sector is relatively Growth for 2001 is expected industrial parks, all of which well developed. There are to improve slightly (figures are serviced with water, four commercial banks, three not yet available). Inflation electricity and of which are foreign owned. was 7.5% in 2001, and for telecommunications The Swaziland Stock 2002 it is estimated to be connections. Matsapha is Exchange (as a full 10%. During the financial doubling in size through an exchange) opened its doors year ending March 2001 expansion programme and in 2000. The small exchange public debt stood at E2.12 three regional sites are being has five listed shares. The billion, an increase of 22% developed. One of these, in market capitalisation was from March 2000. about US$145 million in Mpaka, will become a dry Amongst its budget plans for port similar to the one that January 2003. 2001/02, government services the Matsapha The economic growth allocated E151 million to the Industrial Estate. The other stagnated since 1997 due to Millennium Projects, which main towns are Big Bend, adverse weather conditions include plans for a new Mhlambanyatsi, Simunye, and disruptions in international airport, Mhlume and Pigg’s Peak. manufacturing and mining convention centre, hotel and

6 election update 2003 swaziland number 1 theme park. The money is the common revenue pool7. machinery and equipment. intended for feasibility Swaziland partially lost its All goods entering studies, consultancy and land competitive edge as an Swaziland require import purchase, as the projects investment destination when licenses. themselves are expected to South Africa became a be commercially viable. democratic state in 1994. The tourism industry could Most government become an important growth expenditure continues to be Swaziland is a member of area, if the development on personnel costs which the Southern African initiative – Lubombo Spatial represent 54.4 percent of the Customs Union (SACU) Development Initiative budget, an all time high. with South Africa, (SDI), launched in 1997 Attempts by government to Botswana, Lesotho and between South Africa, restructure the public sector Namibia. This agreement Swaziland and Mozambique and privatise are slow and allows a free and, subject to and other initiatives well have yet to bring any South Africa’s import supported. High significant changes. control requirements, unemployment and poverty Legislation is promised virtually unimpeded levels remain a critical which will govern the interchange of goods challenge for Swaziland operations of the Swaziland between contracting economy. The incidence of Electricity Board and the countries. Customs and HIV/AIDS also continues to Swaziland Posts and excise duties are paid into a cloud the economic outlook Telecommunications pool, managed by South of the country with the Corporation, which is due to Africa, from which highest prevalence rate in the be split in two. Swaziland receives a share. region. Although the It is also a signatory to the economic impact of The economy of Swaziland treaty establishing the HIV/AIDS on such a small is closely integrated with Preferential Trading Area for country is difficult to South Africa, through the eastern and Southern African quantify, evidently, the Southern African Customs states. Swaziland is a pandemic is both severe and Union (SACU), and the member of SADC (Southern devastating indeed. The Common Monetary Area Africa Development economic outlook is highly (CMA). SACU, a customs Community). Swaziland is unfavorable in the face of the union linking the country not a signatory to GATT but recent purchase of with Botswana, Lesotho, applies GATT rules on a de presidential luxury jet for Namibia and South Africa, is facto basis through the King Mswati III in the one of the most important Generalized System of context of regional drought regional organizations for Preferences (GSP). and food shortage. Anecdotal Swaziland. Revenue-sharing Swaziland also has evidence abounds suggesting formula provides about 50% preferential trade access to that the price and operational of the government's receipts. North America, Japan and and maintenance costs of the It is widely expected that Australia. South Africa is its jet amounts to a quarter of income from this source will main trading partner; other the country’s government decline in the medium to export markets are Japan, the budget. long term. SACU revenue is UK and other EC countries. almost certain to decline Its main imports are general between 2005/6 when the manufactured goods, fuels, EU-South Africa free-trade lubricants, transport agreement begins to affect 7 The Economic Intelligence Unit. Country Report, Namibia and Swaziland, November 2001

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References

Central Intelligence Agency. World Factbook, www.cia.gov/cia/publications/fac tbook/index.html

Economist Intelligence Unit. Country Report: Namibia and Swaziland. London: EIU, November 2001

Masuku, M., Swaziland In: Compendium of Elections in Southern Africa, Lodge, T., Kadima, D., Pottie, D., eds. Johannesburg: Electoral Institute of Southern Africa, 2002

Standard Bank of Southern Africa, Economic Division. Africa Research, www.ed.standardbank.co.za

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CONSTITUTIONAL PERSPECTIVE

CONSTITUTIONAL of the vexatious problems would have been DEVELOPMENT bedeviling democratic answered.”1 transitions in Angola and the DRC has much to do with Thus, Swaziland’s Khabele Matlosa protracted violent conflict in constitutional crisis can be Electoral Institute of these countries, in Swaziland summed up in three Southern Africa democratic transition is interconnected, albeit

compounded by a different distinct, ways. First it Defining the Constitutional set of problems. underlines a fierce struggle Crisis over limited resources in a

At the very heart of small enclave economy As Swaziland prepares for a Swaziland’s daunting between the royalist elite on general election on the 18th challenges for establishing a one hand and the modern October 2003, it is in order democratic transition in institutions of democracy for us to reflect on the Swaziland is the enormous and this becomes even more country’s record of tension and, at times, violent pronounced when the palace constitutional development encounter between the feels pressure for to date since its political traditional and modern democratisation both from independence. Much of the institutions of governance. endogenous and exogenous informed opinion on Put somewhat differently, forces. The monarchy Swaziland has now Swaziland’s constitutional controls almost all the key established by any shadow of dispensation is caught sectors of the Swazi doubt that this smallest between the rock and the economy, through the all- country in country in the hard place; an executive powerful royal corporation Southern Africa region monarchy dominates styled Tibiyo Taka Ngwane severely lags behind in terms overwhelmingly the entire thereby enjoying much of constitutional engineering spectrum of the governance leverage over the entire towards a multi-party arena and has effectively governance project in the democratic dispensation. To asphyxiated modern forms country much to the chagrin be sure, only three Southern and institutions of multiparty of the democratic forces. African Development democracy. This is the Second, this crisis also Community (SADC) essence of the constitutional brings into sharp relief the member-states have not yet crisis in the Kingdom of power struggle between the upheld multiparty Swaziland. As one informed two forces for the control of democratic governance and local authority in Swaziland the state machinery these are Angola, the poignantly stated “the especially the executive, the Democratic Republic of biggest challenge that faces legislature, the judiciary, the Congo and Swaziland. In all the Swazi political bureaucracy and the security fairness, almost all the community is how to strike a establishment. It should be SADC member states have balance between the forces noted that, in fact, embraced multi-partyism and of democracy and the hegemonic control of the have undergone a transition demands of monarchism. state machine by the from authoritarian rule of the There cannot be a monolithic monarchy has ensured and yesteryear with the exception view on these matters. Yet, if perpetuated its unfettered of those three countries that proper balance can be are still struggling to attained, the question of institutionalise democratic 1 power distribution in the Mzizi, J. Leadership, Civil governance. Whereas many Swazi political economy Society and Democratisation in Swaziland, 2002

9 election update 2003 swaziland number 1 dominance of the democratic waves around the Swaziland’s executive governance arena to date. country. Thus, Swaziland monarchy since its Third, this crisis also remains an island of entrenchment through the exposes the ideological autocracy in a sea of Royal Proclamation of 1973. divergence between the democratic transitions in This brief expose, in a monarchy and its allied Africa as a whole and nutshell, represents a sketchy chieftainship who espouse Southern Africa in particular. definition of the steadfastly the ideology of Lodge et al sum up the constitutional crisis in tradition and political dilemma of Swaziland and as we write ‘uncontaminated’ Swazi Swaziland in the following this Election Dossier, culture which often times is words: prospects for democratic perceived as a perfect anchor transition in this country to a unique Swazi The king enjoys unfettered remain a distant mirage. ‘democracy’ in contradiction executive and legislative to a western-type liberal powers. As a consequence, Constitutional democracy. In contrast, the cabinet and parliament Engineering: A Bumpy various democratic forces in play only a subordinate role Road to Democracy Swaziland have argued over in the country’s political life. the years, and to this day, The King appoints a cabinet As mentioned previously, at that Swaziland can (and in headed by a prime minister independence, Swaziland fact should) uphold its for the day-to-day running of achieved its political distinctive culture, but the country. The cabinet is freedom from British embrace, at the same time, a fully accountable to the King colonial administration, like democratic multiparty who can dismiss it at will. A other African countries like governance more along the parliament consisting of Lesotho and Botswana. As lines of a constitutional elected and appointed the case was in these two monarchy as the case is in, members plays a minimal countries, Swaziland was say, Lesotho, for instance. legislative role. Parliament expected to embrace a is subordinated to the Westminster constitutional Therefore the constitutional monarch, who can overturn arrangement designed to crisis in this tiny Kingdom its decisions. Its main institutionalise a can best be explained with function is not so much to constitutional monarchy reference to a triangle of legislate, but rather to along the lines of Lesotho, conflict between the initiate and debate policy although the King was monarchy and modern issues, subject to the King’s accorded much more institutions of governance approval2. extensive power in elaborated above comprising comparison to Lesotho, a struggles over (a) resources, We should hasten to add that situation that did not at all (b) state power, and (c) over and above the executive prevail in Botswana. The ideological world-view. and legislative powers, the result was, thus, a There is no gainsaying that King also enjoys judicial Westminster-style in terms of resources, power powers and has full control constitution “providing for a and ideological orientation over the bureaucracy and the 24-member House of of the governance project, security establishment in the Assembly and a 12-member the monarchy exercises country. This, thus, Senate, composed of chiefs. unfettered political completes the extent of the Investing the King with hegemony and has thus enormous powers of extraordinary powers, this entrenched a dynastic was no ordinary authoritarian regime which 2 Mzizi, J. Leadership, Civil Westminster-style to date remains unmoved by Society and Democratisation in constitution, for it Swaziland, 2002

10 election update 2003 swaziland number 1 empowered the King to and essentially all the powers and in the nominate one-fifth of the democratic methods of process throwing House of Assembly and half political activity. constitutional rule in of the Senate as well as the Increasingly this element disarray. This status quo of Chief Justice and the Prime engenders hostility, dynastic authoritarianism Minister”3. bitterness and unrest in remains a norm under the our peaceful society4. reign of King Mswati III in However, the initial attempts present-day Swaziland. to institutionalise a According to Mzizi, “the constitutional monarchy, the Swazi monarch then Current Efforts Towards hegemonic hold of the assumed all executive Constitutional Reforms monarch notwithstanding, powers previously granted were dashed when King by the constitution to the Let it be emphasised that abolished the independence Prime Minister and the even as Swaziland has been constitution in 1973. This Cabinet. From that day holding elections, fairly was done by King Sobhuza onwards, the King has been regularly and in the light of II through a Royal able to act wholly at his own the forthcoming election in Proclamation dated the 12th discretion, consulting October 2003, Swaziland April 1973 in which the whomever he wishes, not still has no working King proclaimed: bound by law” This constitution. It was only in proclamation also banned 1996 that King Mswati III • That the constitution has political parties including made an attempt to put in failed to provide the any political activities in place several mechanisms machinery for good Swaziland – a situation that for constitutional review and government and for still prevails and has greatly reform processes. These maintenance of peace and helped to entrench the initiatives by King Mswati order; unfettered political III were due mainly to • That the constitution is hegemony of the monarchy pressure that had been indeed the cause of and the royal elite at large as building steadily since the growing unrest, the King essentially rules in democratisation wave in insecurity, dissatisfaction his own accord with advice Africa in the early 1990s with the state of affairs in from such advisory agencies exerted by various local non- our country and an as the Libandla and the state actors and external 5 impediment to free and Liqoqo. forces. Local civil society progressive development groups had begun to mount in all spheres of life; and In effect, therefore, the pressure principally through • That the constitution has immediate aftermath of protest politics and lobbying permitted the importation independence witnessed a for democratic change. into our country of highly steady erosion of democratic These internal pressures for undesirable political culture and practice in democratic transition were practices alien to, and Swaziland as the monarchy also complemented by incompatible with, the deliberately sought to amass diplomatic exhortation on way of life in our society the Swazi monarchy by several regional states and designed to disrupt 4 and destroy our own Mzizi, J. Constitutional especially the presidents of Developments in the Kingdom of Botswana, South Africa, peaceful and constructive Swaziland, 2002 5 International Bar Association. Mozambique and Striving for Democratic 3 Lodge, T., Kadima, D. and Governance: An Analysis of the Pottie, D. eds. Compendium of Draft Swaziland Constitution: Elections in Southern Africa, 2002 Report, 2003

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Zimbabwe6. An emergency • The method of work of that as it may, CDC finally meeting of the presidents of the CRC; presented its draft these countries and a • The nature of constitution to the nation on st representative of King composition and 31 May 2003. However, a Mswati III led to the representativeness as clear-cut method of the appointment of a 30-member well as the leadership of adoption of the new Draft Constitutional Review the CRC; Constitution is yet to be Committee (CRC) by the • Mode of submissions to determined and clarified and King “to examine the the CRC especially the indeed “this is a crucial constitutional system, fact that group matter to be addressed, if the determine citizens’ wishes representations were constitution is to gain 8 regarding a future system of disallowed. democratic legitimacy”. government and to make Against this backdrop, to recommendations on a new Thus, various civil society what extent, then, is the constitution. This process organisations including the constitutional review a 7 took five years”. banned, but fairly active panacea to Swaziland’s opposition party – the badly tarnished democratic It worth noting, though, that People’s United Democratic credentials? numerous civil society Movement (PUDEMO) – organisations in Swaziland have expressed their lack of Review of Substance of the have criticised the King’s confidence in the process Constitutional Engineering constitutional reform process and its outcome. In and Its Implications for on a number of grounds consequence, not only have Democracy including the following: these forces boycotted the • The intended end- constitutional review The proof of the pudding lies product of the review process, but they have also in the eating; so it is with the process and the not shown any enthusiasm new draft Swaziland entrenched interest of for general elections to date. constitution. Its actual the monarchy in meaning for democracy lies controlling the whole It is worth noting that while both in its substance and process; the CRC was chaired by content as well as the way in • The nature of the Prince Mangaliso Dlamini, a which it will be adopted and appointment of the brother to King Mswati III, implemented in the final members of the CRC; the Chairman of the analysis. However, anecdotal • The lack of information Constitutional Drafting evidence suggests that first, and civic education on Committee (CDC), which it would be an uphill struggle the whole constitutional was established in early to turn this new document review process; 2002, was Prince David, yet into a national legal • The Terms of Reference another brother to King framework for democratic for the CRC; Mswati III. That the governance in Swaziland and Judiciary, the Executive and second, it would be difficult the Legislature were neither to have it adopted as a consulted and that the collective constitutional 6 Lodge, T., Kadima, D. and judiciary in particular played vision for the small Southern Pottie, D. eds. Compendium of no role in the review and the African kingdom. A cursory Elections in Southern Africa, p. glance at the substance and 326 drafting process is 7 International Bar Association. instructive of the political implications of the draft 2003. Striving for Democratic intrigues that have marred document vividly illustrates Governance: An Analysis of the the constitutional Draft Swaziland Constitution: engineering in Swaziland. Be Report, p. 4 8 Ibid., p. 5

12 election update 2003 swaziland number 1 this awkward political control over the security changed by the Draft predicament. institutions. Constitution. First, the legislature is still constituted This brief review rotates In regard to executive on the basis of the Tikhundla primarily around (a) the role authority, the Draft system and thus has not been of the monarchy, (b) the role Constitution states that opened for political of the executive, (c) the role executive authority is vested competition by parties as of the legislature, (d) the role in the King as Head of State, these institutions remain of the judiciary, (e) the role including the right to: banned. Second, the of the civil service and (f) • Assent to and sign bills; composition of Parliament is the role of the security • Summon and dissolve still a preserve of the King. establishment. Parliament and cabinet; Of the 30 Senators, 20 are • Receive foreign envoys appointed by the King and of Although, the draft and appoint diplomats; 70 members of the House of constitution does not say this • Issue pardons, reprieves Assembly, 10 are appointed in so many explicit words, it or commute sentences; by the King. According to essentially entrenches • Declare a state of the expert opinion of the absolute or executive emergency; and International Bar monarchy as introduced after • Confer honours. Association, “there are no the 1973 Royal stipulations as to whom the Proclamation. This is Although the King exercises King must consult when certainly the principal thrust these powers on the advice making these appointments. of the draft supreme law of of the cabinet, he has ample Therefore, of the 100 Swaziland. In respect of the room to undertake these Parliamentarians, almost prescription of the Draft functions on the basis of his one-third are not Constitution on the own discretion without democratically elected. monarchy, it is abundantly reference to any advice evident that this where a disagreement is real Only in respect of the constitutional framework or apparent. This is hardly judicial powers does the simply protects and extends surprising, given that both Draft Constitution state that the already embedded the cabinet and the Prime this is the sole preserve of political hegemony of the Minister are appointees of the judiciary. Thus, the Draft monarchy in Swaziland. For the King himself on the basis Constitution does provide for instance, the Draft of his Advisory Council. some modicum of judicial Constitution prescribes that independence from the the King is the: As is the case with executive omnipotent power of the • Commander-in-chief of authority, the Draft King. Furthermore, in this the Defence Forces; Constitution prescribes that vein, the Draft Constitution • Commissioner-in-chief supreme legislative authority states clearly that “in the of the Police Forces; and is vested in the King. exercise of the judicial • Commissioner-in-chief Essentially therefore, power of Swaziland, the of the Correctional executive and legislative judiciary, in both its judicial Services power is fused together in and administrative functions, the King on one hand, and including financial The simple implication of the cabinet and the administration, shall be this arrangement is that more Parliament whereas when the independent and subject only and more power is currently die is cast, real power in fact to this constitution, and shall being centralised in the lies with the King. The not be subject to the control monarchy through firmer nature of the legislature has or direction of any person or not been fundamentally

13 election update 2003 swaziland number 1 authority.”9 This proposed under the tight grip of the establishment and the public independence of the palace control and direction service under the firm grip of judiciary is to be ensured by including the Public Service the palace through a the establishment of an Commissions. In terms of modicum of autonomous Judicial Service the functions of the constitutionalism. Yet, in Commission. However, the commissions, they shall: fact, if the Constitution does catch comes with the • inspect government become a supreme law in composition and manner of offices; Swaziland, what we would appointment of the • examine official have is basically an existence Commission. According to documents, books or of a constitution without the Draft Constitution states other records; constitutionalism. In other that the Commission shall • obtain information and words, the existence of a consist of the following: advice from any public supreme law, no matter how • The Chief Justice, who officer or other imperfect, without shall be the chairman government servant; and advancement of the rule of (sic); • to do all such things, law and democratic • Two legal practitioners including the taking of governance, is rendered of not less than seven evidence on oath and the virtually meaningless. years practice and in administration of oaths Conclusion good professional as are incidental or standing to be appointed conducive to the By way of conclusion, a few by the King; exercise of the functions pointed observations are in • The chairman (sic) of the that service order. First, the current Civil Service commission11. constitutional engineering is Commission; and not likely to advance • Two persons appointed In sum, therefore, the Draft Swaziland’s prospects for by the King.10 Constitution of Swaziland democratic transition. If does not seem to advance a anything, it essentially Part of the key functions of democratic course in that provides a constitutional the proposed Judicial country. All it seeks to do is anchor to a dynastic Commission is essentially to simply to provide a oligarchy which is the be an advisory agency for constitutional plank upon principal author of the the King on a number of which the executive current constitutional crisis issues including the King’s monarchy and its political in the country. Consider, for exercise of his powers of hegemony would be firmly instance,the recent public disciplinary control of anchored. It should be statements made by King various persons and the remembered that this Mswati III during the Easter appointment, discipline and dynastic system of weekend religious dismissal of the Director of governance has suffered a observation while addressing Public Prosecution and other severe legitimacy crisis since about four hundred (400) public officers. the 1973 constitutional pastors at Engabezweni royal changes prompted by King village 25 km east of the Like all other organs of the Sobhuza II. It seeks to place, capital, Mbabane, in which state, the public service or through constitutional fiat, he re-affirmed a doctrine of the bureaucracy will remain the key institutions of Divine Right of Kings government such as the through explicit reference to 9 executive, the legislature, the Draft Constitution of the the Bible. The event was Kingdom of Swaziland, 2003. p. executive, the security hosted by the League of 81 Churches under an 10 Ibid, Article 160 Section (1), p. 11 Ibid, Article 177 Section (2), 90 p.101 interesting theme entitled

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“Disadvantages of Multi- around the King and his there is little international party Democracy”. King lieutenants within the interest in the event, even in Mswati III asserted that political scheme of things in terms of simple election “although the whole world is the small Kingdom. This is observation, by the hordes of preaching democracy, it does the case despite pretences observers who often flood a not mean we have to follow towards decentralisation country holding an election, them…. Democracy is not through the Tikhundla as was vividly demonstrated good for us because God system of rule as it were. in the 2001 election in gave us our own way of Third, the constitutional Zambia and the 2001 doing things.”12 Concurring arrangement is unlikely to parliamentary and 2002 with the King, Reverend end the protracted tensions presidential elections in Khayeni Khumalo observed and conflicts between the Zimbabwe. that “a king links a country traditional and modern with God. A president institutions of governance References cannot communicate with and resolve the imperatives http://www.irinnews.org. God because God does not for democratic change and know how he (sic) was the popular struggles around International Bar Association. installed. Presidents are this. If any thing, quite Striving for Democratic Governance: An Analysis of the power hungry people who frankly, anecdotal evidence Draft Swaziland Constitution: are like rapists, they break in points to a likely Report, 2003 (mimeo). and rule. They are imposed. intensification of the conflict Many presidents are going to and the popular struggle to Kingdom of Swaziland. Draft hell, together with their which the dominant dynastic Constitution of the Kingdom of people no matter how many elite is likely to respond with Swaziland, 2003. 13 they are.” Reverend the invigorated wrath of the Lodge, T., Kadima, D. and Pottie, Mkhuluza Zwane law enforcement agencies D. eds. Compendium of Elections corroborated the King’s and whipping popular forces into in Southern Africa, 2002. Reverend Khumalo’s line. Fourth, it remains Mzizi, J. Constitutional statements by noting that debatable whether or not it is Developments in the Kingdom of “there is no single verse in therefore prudent to have had Swaziland, September 2001. the Bible which says that a general election before there should be a president resolving the constitutional Mzizi, J. Leadership, Civil Society ruling a country. When question In metaphorical and Democratisation in Swaziland, people are given the right to terms, this may sound like a 2002 choose, they always choose nightmarish chicken and egg evil. There are people who paradox; but this much more are sponsored to dethrone complex than that, for it you, Your Majesty, and these suggests in fact that what we are the people who advocate are witnessing the Swaziland for democracy.”14 Second, is essentially a clear case of the constitutional proverbial cart pulling the engineering, in any case, horse. Fifth and finally, then, seeks merely to legitimise it is only fair to surmise that the already centralized the election of October 2003 governance regime in may not make much of a Swaziland which, to all fundamental difference to intends and purposes, rotates Swaziland’s political landscape for it is aimed to 12 http://www.irinnews.org maintain the status quo ante. 13 Ibid This may explain in part why 14 Ibid

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POLITICAL PERSPECTIVE

THE STRUGGLE The new Constitution still to country where a monarch FOR POLITICAL be adopted maintains the enjoys legal privileges, the king in his position of Swazi king’s status, as the POWER IN executive, and fails to executive, makes these SWAZILAND provide a clear enumeration privileges remarkable. The of his powers. new Constitution continues Claude Kabemba to make Parliament no more Electoral Institute of Before listing the powers of than an advisory body to Southern Africa the executive, the Draft King Mswati, who may Constitution simply states make or decree law rejected “The King in his capacity as The political environment in by Parliament or promulgate Head of State has authority, laws without parliamentary the Kingdom of Swaziland in accordance with this has been highly conflict- participation. Pro-democracy Constitution or any other groups have called Members ridden. It is marked by law, among other things tension between the of Parliament "rubber to…assent to and sign stamps" whose lack of monarchy one hand and civil bills…summon and dissolve society and banned political legislative independence and parliament…receive foreign any real power have made parties on the other. The envoys and appoint King has been under serious them redundant. diplomats…issue pardons, pressure from the pro- reprieves or commute democracy forces to But traditionalists who sentences…declare a state of support and want the transform the political emergency; and confer system away from the continuation of the current honours.” The inclusion of system argue that the Swazi Tinkhundla system. the phrase - ‘among other system is in fact democratic. things’ - prevents the Leaving aside the finer The current political crisis in enumerated powers from the country is obviously subtleties of that argument, being interpreted as the Swaziland’s recent traceable to the 1973 limits of the King’s proclamation in which the deterioration in governance authority. Therefore, while may reflect the fact that the King declared that: the Constitution does not system includes no checks specifically address the on the executive authority of Now, therefore I, Sobhuza King’s power to legislate by 11, king of Swaziland, the monarchy. While the two decree, it also does not chambers of Parliament are hereby declare that, in appear to specifically collaboration with my actors in the legislative prohibit it. It also places the process, and the Swazi cabinet ministers and King securely above the law, supported by the whole nation does, through various stating “The King shall be channels, have the nation, I have assumed immune from…suit or legal supreme power in the opportunity to communicate process in any civil cause in with the king, none of these kingdom of Swaziland and respect of all things done or that all legislative, executive actors are ‘veto players’ on omitted to be done by him in political decisions. and judicial power is vested his private capacity; in myself and shall, for the and…being summoned to There is no doubt that in meantime, be exercised in appear as a witness in any Swaziland the king enjoys collaboration with a Council civil or criminal considerable executive, constituted by my cabinet proceeding”. While legislature and judiciary ministers. Swaziland is not the only powers. He has the power to

16 election update 2003 swaziland number 1 decide unilaterally when it - political parties - between national development suits him to interrupt the the state and society as well programmes, or as agents for executive, to dissolve as institutional mechanisms ensuring coherent Parliament and to make court for the articulation and government and exercise of decisions null and void. advocacy of diverse views control over administration. Swaziland has a dualistic and policy preferences.1 The Public demands are political system. The cabinet challenge for Swaziland is to understood and articulated and the bureaucracy do not determine whether through the monarch and its have the political power to individuals elected through national advisory council, implement policies. Policy the Tinkhundla system who are the King’s implementation is frequently without aggregated appointees. It presumes that interrupted in-process by the constituency participation and monarchy, or halted before it mandate/interest and national representation will happens even begins. policy preferences represent through a system that was an appropriate and efficient not designed to promote the Although political parties are institutional mechanism for protection and advancement banned, they have remained mediating between the state of citizens’ interest. Citizens active and continue to and people. Parties provide rights such as protection challenge the monarchy. avenues for articulating and against the abuse of state They have been banned aggregating political power, equality before the since April 1973 when the preferences and interests. law, freedom to form and King suspended the The Tinkhundla system does participate in political parties Constitution. The argument not provide adequate and as an expression of peoples’ used was that they were equal opportunities for concerns, as well as a disruptive to national unity citizens to place questions on mechanism for structuring and were accused of the national agenda and for the electorate’s choice, are introducing in Swaziland an expressing reasons for non-existent. All these rights alien mode of political life. endorsing a particular remain the constitutional Political parties are blamed political outcome over prerogative of the King. for division within society in another. Under the party affiliation and for Tinkhundla elected The absence of political imposing a structure that representatives in parliament parties in Swaziland further allows elections to be do not represent any political contributes to the erosion of dominated by those who preferences and ideological government accountability.2 derive influence from wealth interest. Representatives do One of the most important or high status. Political not represent any popular functions carried out by parties are also accused of demands or source of major parties in polity is to keep opening the door to political political information and the government accountable. corruption, the funding of interpretation on which Although political certain political groups by national demands are based accountability takes place foreign powers, and the but rather represent localized both at the horizontal and “buying” of votes by interest (community) issues. In fact vertical levels, political groups with the necessary elected representatives in parties act in facilitating financial means. Parliament do not act as government accountability conduits through which “…with political parties No matter how democracy is peoples’ demands are controlling the government, perceived or defined in filtered and aggregated into it is clear who is responsible Swaziland, one fact remains, that a democratic system 1 See Swaziland’s Struggle with requires intermediary groups Political Liberalisation. EISA Research Report, 2004 2 Ibid.

17 election update 2003 swaziland number 1 for the government’s increasing pressure on the Jameson Mbilini Dlamini, action…”3 King more than ever before. who was perceived to be Civil society in Swaziland But the government has halting the process of dealing with issues of remained recalcitrant and has political liberalisation, and governance and democracy not opened up the political his replacement by Prince is diversified. It includes market place for free Sibusiso Dlamini as the student organisations, labour competition. Thus, the key Prime Minister, who is movements, and NGOs. The demands of the pro- regarded more as a major groups include the democracy forces include the sympathizer of the pro- Swaziland Federation of following: democracy forces.4 Even Trade Unions (SFTU), The here, the change is still being Swaziland Youth Coalition • A democratically elected questioned: why is the head (SWAYOCO), and The constituent assembly to of the executive, the Prime National Council of draft a legitimate Minister of Swaziland Churches (NNC). Civil constitution for the always a Dlamini? While society together with under country; public office in general is a ground political parties such • The unbanning of preserve for members of the the people’s United political parties; Royal Family and their Democratic Movement Removal of all political friends to the total exclusion (PUDEMO) and The hostilities, free trade of the majority of the people. Ngwane National Liberator union organisation, free This might be the reason Congress (NNLC), have media and the why the King, after been pushing for change. independence of the dissolving his cabinet, in Since in 1997, pro- judiciary; preparation for the coming democracy forces organised • Unconditional release of general election, appointed themselves into the all political prisoners; Paul Shabangu as interim Swaziland Democratic and head of state. Swaziland’s Alliance (SDA). This body is • Restoration of women’s Parliament’s law of October seen as filling the role the dignity and an end to the 1992 make provision for the United Democratic Front abuse of women in the cabinet to be dissolved prior (UDF) during South Africa’s name of culture. to election, but this has been liberation struggle, unifying done only once before. This all of the pro-democracy The political confrontation was the case in 1993 forces under a single banner reached its peak in early demonstrating that the and directing them according 2002 when a disturbing train King’s decision is law. to a shared vision. The pro- of events pushed the Normally the cabinet is democracy forces in Swaziland democratic dissolved to give ministers Swaziland have been weak movement to call for sufficient time to campaign owing to the lack of national strikes, the for the elections and stop coordination. But in recent dissolution of Parliament and them from abusing their time, especially this year, the resignation of the Prime office, power and position to they have coordinated their Minister. obtain necessary votes. In activities efficiently, thus Swaziland one needs to be The King has been sensitive elected to become a minister.

3 to this pressure and it has Dalton, R. and Wattenberg, M., One major problem evident ‘Unthinkable Democracy: Political pushed him to introduce the Change in Advanced Industrial limited reforms contained in in Swaziland is the total Democracies’, In Dalton, R. and the new Draft Constitution. 4 Wattenberg, M. (eds), Parties These include the immediate Dlamini, K. Political Change: without Partisan: Political Change Swaziland’s Future in the in Advanced Democracies, 2000 dismissal of Prime Minister Balance’, 1997.

18 election update 2003 swaziland number 1 disregard for the rule of law constitutional reforms. The to intervene to return to the by the monarchy. The main limitation to the rule of rule of law and ensure that deterioration of the rule of law is represented by the there is dialogue between law has been observed by the power and dominance of the government and civil society Lawyers for Human Rights King over all institutions in organisations which have as a major challenge to the country. been expressly excluded Swaziland’s political future, from the constitutional calling for some redress. The The judicial crisis remains reform process. Without a most serious royal error in unresolved, and is a major firmly entrenched recent time was its disregard, point of tension between democratic Constitution, the in February 2003 of a Swazi Swaziland and international country would continue to court decision, that had donors. This decision have the propensity for abuse found that the King had reflected a serious disregard of power and political acted illegally when he for the rule of law. The instability. removed two chiefs. The manipulation of the judiciary Prime Minister Sibusiso by the monarchy in Political instability was also Dlamini asked the court to particular in recent months demonstrated when pro- ignore two appeal judgments and its various attempts to democracy forces exposed which challenged the curtail its independence has the lawlessness of the royal supreme power of the King. provoked much concern on leadership during the Global This situation forced many the issue of its dependence 2003 Smart Partnership High Court judges and the and usefulness among the in- International Dialogue. Civil entire Court of Appeal bench country donors. The reaction society in Swaziland to resign and many others against what is perceived as continues to draw its strength refused to conduct the an attempt to weaken the from regional partners by business of the courts. The justice system also came organising activities together threat to the independence of from the Parliament. Here a with attending regional the justice system and group of MPs threatened to events where they use the interference in its work by step down or force the king opportunity to present the the government on behalf of to dissolve Parliament if the situation in their country and the king was seen as Prime Minister was not call for sustained pressure on demonstrating the King’s replaced. This demonstrates the kingdom. The contact is unwillingness to introduce that in Swaziland, while the organised with the South change into the political King has all the powers, the African Congress of Trade system. The tension between other members of Unions (COSATU). For the the Attorney General and the government do not first time a major Prime Minister forced the necessarily have the power involvement in Swaziland former to leave the country they pretend to have. A politics came from the South under pressure, for defeating critical look, however, might African trade unions through the ends of justice. This suggest that MPs were COSATU. COSATU situation forced the already at the end of their obtained permission from a democratic movement in term with elections looming. magistrate’s court in South Swaziland to call for national They had nothing to lose by Africa to protest against the strikes, the dissolution of challenging the Prime holding of the Global Smart Parliament and the Minister. Partnership summit in the resignation of the Prime country whilst the people of Minister. This confrontation The Swaziland Coalition of the country were suffering added pressure to already Concerned Civic from the harshness of the strained relationships Organizations has since royal regime. following unsatisfactory began calling for the King

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The 2003 elections have References already attracted several international bodies. The Dalton, R and Wattenberg, M. Commonwealth has sent a Unthinkable Democracy: Political Change in Advance Industrial team to observe the Democracies In: Dalton, R. & registration exercise as early Wattenberg, M. (eds), 2000. as July 2003. The team, Parties without Partisan: Political which comprises justice Change in Advanced Democracies, Hilary J Mkate, Oxford: Oxford University Press,

Commissioner, National Dlamini, K. “Political Change: Electoral Commission of Swaziland’s Future in the Tanzania and William A Balance”, Indicator SA, Vol. 14 , Sage, Deputy Chief Electoral no. 1, 1997 Officer, Alberta, Canada also visited the different Swaziland’s Struggle with Political registration centres through Liberalisation, edited by Claude Kabemba 2004. Johannesburg: out of the country. The Electoral Institute of Southern Commonwealth has also Africa (EISA Research Report No. previously been to Lesotho, 3) Nigeria, and Sierra Leone to observe the registration process. But civil society and political parties have criticised the Commonwealth for legitimising a process that Swazis have rejected. In a very contradictory move, several leaders of the banned political parties are standing as candidates for Parliament in the coming elections, and have progressed to stand for the parliamentary elections. These include Dlamini, president of the banned political party, Ngwane National Liberatory Congress (NNLC), one of three prominent progressives who have advanced into the line-up for next month's general elections. Also elected as run-off candidates from their districts were NNLC chairman Jimmy Hlophe, and NNLC member Boniface Mamba.

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ELECTORAL PERSPECTIVES

SWAZILAND’S regular parliamentary a week later. Technically in ELECTORAL elections under a no-party this stage, each chiefdom dispensation. chooses the candidate who PROCESS will represent it at the

The Tinkhundla system as it Tinkhundla/constituency Shumbana Karume stands does have principles, level, by secret ballot. The Electoral Institute of though far from sufficient, elected candidate in the Southern Africa upon which leaders in primary elections is then The Tinkhundla System Swaziland are chosen. As expected to compete in the previously explained, the secondary elections, after In several previous elections, system was, in fact designed they have been dutifully Swaziland’s electoral system to replace the Westminster introduced to the and its associated institutions model and to facilitate the constituents. The election have come under the integration of the traditional process ends with those spotlight. It is no different on and the modern system of candidates receiving the this occasion; the general government. This provides a most votes representing the elections in Swaziland are reason for its deficiency in constituency in the National set for October 2003 and are embodying a complete Assembly. expected to proceed even spectrum of democratic though the majority of principles. Leaving that The elected parliamentary demands, largely from aside, a full description of representatives conclude the within the Kingdom and the how the Tinkhundla actually process by becoming international community functions reveals a system members of the bicameral have gone unnoticed. As has that has been operating parliamentary system been discussed in the other purely for the basis of constituted by the National sections of this Dossier, providing a semblance of Assembly and the Senate. much of the attention public representation in The National Assembly is Swaziland receives, typically Parliament. To reiterate, constituted from the 55 in this pre-election period is Parliamentary members elected through the dominated by the demands representatives are initially Tinkhundla and ten King’s from the pro-democracy elected from specific appointees. These members forces in Swazi civil society constituencies or Tinkhundla then elect 10 members to the upon the ruling monarchy to through a three stage Senate which consists of 30 introduce political reform. electoral process. There are a members in total; the rest of The most momentous total of 55 constituencies which are appointed by the modification demanded (Tinkhundla) in the Kingdom King. Public representation regards the abolishment of of Swaziland, and each is also dutifully administered the current electoral system constituency is further at the local level through a otherwise known as the divided into several local council, also known as “Tinkhundla” system which chiefdoms. The first stage of the Inkundla – the second has been rejected by many the process entails public level of government. The groups for lack of nominations of candidates electoral system described democratic credentials. The usually between 4-10 in each above has been operative Tinkhundla system is the chiefdom. The 2003 since 1993 and, including electoral system operating in nominations took place on this year’s elections, would Swaziland today - the the 23-24 August, and the then have covered the past Kingdom uses it to elect its primary elections; the second three elections. parliamentarians by holding stage in the process followed

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Prior to this, elections were establishment of the current Secretariat, and finally, not conducted under a slightly system through a number of necessarily in this order, different system. After the minor legislative electoral officers, repeal of the Constitution in amendments. These were the registration officers, 1973, which had provided Parliament Order no.2 of returning officers, presiding for a Westminster-style 1992, the Election Order officers, counting officers parliamentary democracy, no.2 of 1992 and the Voters and polling officers make up Swaziland experienced a five Registration Order no.3 of the organisational structure. year hiatus during which 19923. Needless to say, the There is one considerable period no elections were held system currently in place has difference from other until the establishment of the its own limitations; the most regional electoral Parliament Order in 19781. serious of which, given the commissions and that is its In the absence of any variation in size of the top leadership is always electoral laws, the constituencies, is that usually appointed by the King and Parliament Order was the candidate from the remains accountable to him. introduced without much largest constituency wins the These are the Chief, Deputy opposition. It was this Order secondary elections. Electoral Officers and the that ushered in the unique Moreover it lacks head of the Secretariat, who traditional electoral system accountability, it is non then appoint the rest of the commonly known as the participatory and it is the officers from the ranks of the Tinkhundla. Elections under least competitive form of public service. The electoral this system were conducted representation in both and registration officers are on a non-party basis at the Parliament and government. mostly principal secretaries primary elections stage from various government through public queuing - Election Administration ministries, and the presiding each voter wishing to voter officers’ professional for a particular nominee The Electoral Commission background is that of school queued behind their favorite headmasters and government candidate who normally The management of department heads. would be sitting at a gate, elections in Swaziland has and the counting officer been entrusted to the The Elections Office counted the voters as they Election Office since 1992, underwent organisational each passed the gate2. and is under the charge of a restructuring during 2002 Winners of these elections chief Electoral Officer and earlier in 2003 to enable would then form an Electoral known as the Umphatsi it to carry out its activities College from which the Lukhetfo. He is responsible more efficiently. A number House of Assembly was for the overall supervision of of propositions for this constituted. Their only elections and preparations of endeavour were formulated; responsibility, once elected all electoral documents and for instance it was proposed was to select 40 members officers under his that regional election officers from the public to make up jurisdiction. The Umphatsi be appointed with the the Parliamentary numbers. Lukhetfo, for example, is responsibility for all the The obvious shortcomings of assisted by the Deputy election arrangements this system, most notably Electoral Officer, whose including continuous voter the lack of a secret ballot, position, at present, remains registration, civic and voter necessitated a review; and vacant. The chain of education in all the four this resulted in the command then passes to a regions of the country. recently established Officials responsible for 1 Lodge, T., Kadima, D., Pottie, such an undertaking have D., eds, , 2002 already been seconded from 2 Ibid. 3 Ibid.

22 election update 2003 swaziland number 1 the government ministries. the entire electoral staff has Method of identifying As a legal requirement, there been recruited. potential voters differs in the are, of course, other officers rural and urban areas. In who assist in the conduct of Voter Registration rural areas, chiefs with the elections with diverse assistance of other responsibilities; from About a quarter of the one community elders verify the returning officers to million population of identity of registrants. In presiding officers, and Swaziland are eligible to urban areas, a range of counting and polling vote, and this is more or less identity documents such as officers. In addition to this, a reflected in the recently passports, national ID and Secretariat comprising three compiled Voters’ Roll. The birth certificates are positions was created as part voters register had a total of presented by registrants as of the overhauling exercise 228,616 voters, of which legitimate proof of Swazi to support the Chief 109,258 are males and nationality. Once all the Electoral Officer on a 119,352 are females. particulars of a potential permanent basis. These are Arranged by region, the voter have been accordingly the Head of Secretariat for figure stands as follows:4 registered, a certificate of Elections, Elections Officer registration which is valid and the Information and Hhohho 61, 999 for five years from the date Education Officer. Lubombo 44, 424 of registration is then issued Manzini 63, 638 to the registrant. The capacities of the Shiseweni 58, 555 electoral officers are usually The registration process did restricted by limited The registration is open to experience some minor resources; and furthermore, any citizen of Swaziland complications; for instance relying on officers who are who is the age of 18 and there were some delays due temporarily employed from older. There are certain to staff shortages. A two the ranks of senior civil factors as specified under the week extension had to be servants play a role in Voters Registration Order of given to the processes which preventing the proper 1992 that may disqualify a had initially been allocated a conduct of elections in voter. A person, for instance month beginning 23 June Swaziland. As one would is not entitled to vote if ending 20 July 2003. As a expect, the use of civil he/she is judged insane. The result, the Elections office servants who are normally registration is undertaken in did not make the Voters’ seconded three months prior each of the constituency Roll available to the public to an election has its where a voter is allowed to on time for display at either limitations. Essentially, the register in any one of the regional administration Electoral Office is manned Inkhundla. It must be noted offices, sub regional offices through-out the five years that to register in a or the Electoral Officer’s before the elections by only constituency, a person must Office. In terms of the two people; all plans and have resided in that Voters Registration Order of systems necessary for the constituency for a 1992, the voters register is conduct of elections are continuous period of three required to be open for consequently structured by a months. public inspection to allow limited workforce. In voters to verify it by response to this obvious objecting “to the inclusion, skills gap the Election Office retention, restoration, offers a two-day training addition or removal of any programme that begins once 4 Press Statement from the Elections office – 18th September 2003

23 election update 2003 swaziland number 1 name in the voters list”.5 The people on all the different large numbers and on roll was only made stages of the elections; these appointing appropriate accessible to the returning ranged from the registration, candidates. officer in each Inkhundla nominations, campaigning to (constituency) and the voting phase for both Some NGOs announced that supposedly the public on 18 primary and secondary it has been difficult for them September 2003. elections. Pamphlets, now to conduct voter education, currently in use are meant to especially at the community In addition, there have been educate citizens in level due to the sensitive reports that some people acknowledging the aspiring nature of the exercise; as a have registered in wrong MPs as they campaign. The result generally, voter places, and have been pamphlets also inform the education has been very refused transfer, and, as a populace of the processes in scanty. For instance, civil result many have instituted which the Elections Office is society organisations played civil court action. Although currently engaged. The no role in educating and according to the Elections Elections Office also used mobilising voters to register. Office, transfers have been dramatisations in the For most of the local NGOs made for those voters who communities to explain the voter education has been a applied for their names to be election processes. They sporadic exercise as the transferred to where they hired an acting group to Constitution has diverted will be voting. Many of the carry out plays which attention from the elections8. court cases are still pending, depicted how to register, Issues related to the elections and this is likely to lessen the how to vote, who is eligible have been sidelined and voters’ presentation in to vote and other necessary instead, NGOs through an certain constituencies. This details.6 Several NGOs, Elections Support Network, indicates how challenging a however, charge that the have engaged people on task registration has been for content of their voter constitutional issues as it the Elections Office In education is narrow and not provides a larger framework general, however, reports well structured – ‘usually for instituting political that assessed the voters’ their programmes are not reform. Some NGOs even registration process, very detailed and do not advocated the postponement concluded that the overall engage voters that voting is of the general elections until registration process was about issues. It’s a process public consultations on the implemented in an efficient that’s clouded in secrecy and Draft Constitution had been manner by the Elections exclusion’.7 According to completed. Generally it is Office. CANGO, the local media has felt among the NGO reflected a populace that has community that the Voter Education not been adequately provision of education on educated on election issues; electoral rights and election The Election Office insinuating that the Elections related issues appears to be instituted a nation wide voter Office voter education education programme. It programmes may not used the state’s radio and necessarily succeed in 8 Pro democracy groups in television facilities to encouraging voters to vote in Swaziland have begun a process of advertise the elections. drafting an “alternative Pamphlets and booklets were constitution” to counter the current 6 Information given by Ms. government draft. It’s been also distributed informing Mawane Sithebe, Electoral officer charged that the constitution at the Elections office process has been exclusionary in 5 Report of the Commonwealth 7 Comments from a member of nature and consequently the draft Expert Team on Voter Registration CANGO (Coordinating Assembly constitution is not representative of in Swaziland 14-18 July 2003 of NGOs), Swaziland all Swazis.

24 election update 2003 swaziland number 1 the responsibility of the Another popular subject Election Office. reflected in the campaigns promises focuses on the Electioneering concerns pro-democracy forces have voiced around Campaigning in Swaziland is the deterioration of the rule allowed, save for a few law in Swaziland. Essentially restrictions placed on the candidates localise their process. It is only campaign to suit their independent campaigning constituency; in the end, due that is prohibited; meaning to the type of governance that permission to campaign structures operating in and hold meetings of a Swaziland, candidate political nature has to be promises are restricted to sought from both the issues around living constituency headman and conditions. the Electoral Office. In addition, once permission References has been obtained, candidates are chaperoned to Commonwealth Expert Team on their respective chiefdoms to Voter Registration in Swaziland 14-18 July 2003. Report, 2003. campaign. This is done by the returning officer for the Elections Office(Swaziland). Press Tinkhundla who takes the Statement, 18 September 2003. candidates to various chiefdoms to meet the Lodge, T., Kadima, D., Pottie, D., eds. Compendium of Elections in community and discuss Southern Africa. Johannesburg: issues of local concern with Electoral Institute of Southern the community. Africa, 2002. Campaigning commenced on Monday 22 September and Kabemba, C. ed. EISA Swaziland Monograph. Johannesburg: was completed on 17 Electoral Institute of Southern October 2003, the day before Africa, 2004 (Forthcoming). the general elections.

Because candidates have no party platforms to follow, they usually woo voters with promises of clinics, roads and employment generating projects. Most of the recent campaign promises however, have focused largely on HIV/AIDS related issues. Female candidates for example have promised to establish a parliamentary section for children, orphans and one that will concentrate on HIV/AIDS matters.

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REVIEW OF distinction between a colony of political parties through a PREVIOUS and a protectorate was more Royal Proclamation of April academic than real. The 1973. This remains a daunting ELECTIONS IN common denominator of the challenge for all the SWAZILAND two was that elections were stakeholders that are involved not a feature of the formation in one way or the other in the Khabele Matlosa and removal of government governance arena of the Electoral Institute of during that time throughout country. It thus goes without Southern Africa the African continent. saying that parties are part of Swaziland was not an many ingredients that make Introduction exception to this general rule up a functioning democracy; of thumb which marked the conversely, where parties do As in all other African continent’s colonial history. not exist or are dysfunctional, countries that experienced Thus, it is fair to observe that a system in that particular colonial rule, electoral elections are a fairly recent country, as a rule, suffers politics came with the phenomenon in Africa, severe democratic deficit as introduction of political dating, as it were, only as far well a legitimacy crisis of independence. This is not back as the 1960s. rule. Political parties play a surprising, for colonial rule, central role in the shaping and was, by its very nature an Party Politics in Swaziland further development of a authoritarian form of political system as a whole governance which did not At the heart of electoral and the legislature in draw its legitimacy and politics is the existence of particular. A political party credibility from the ballot political parties that, in turn mobilises votes premised (consensus and free choice) actively participate in the upon a particular type of but rather from the bullet political system and in the political interest and ideology (coercion and imposition). process, contest for the with the ultimate goal of Thus, like elsewhere in control of state power. assuming the reins of Anglophone Africa, the government and controlling British colonial According to the state power. Thus, political administration in Swaziland Encyclopedia of Democracy, parties aggregate and relied upon the twin “political parties are groups or represent social interests, strategies of repression (to organisations that seek to provide a structure for coerce the indigenes into place candidates in office political participation, act as a submission) and under a specific label. Parties training and recruitment accommodation (to placate are among the most important ground for local and national the traditional authorities to organisations in modern leadership and political comply with colonial politics. In the contemporary parties “contest and seek to interests). This is the stark world, they are nearly win elections in order to reality that confronted ubiquitous; only a small manage government Swaziland under the British percentage of states do institutions.”2 protection as it was then without them”1 (my called, for Botswana, emphasis). Among the small After contesting elections, Lesotho and Swaziland were percentage of states that do political parties then represent regarded as British not operate a multiparty their specific constituencies in Protectorates and as such not democracy is the Kingdom of the legislature and provide perceived as colonies in the Swaziland since the banning leadership for the effective strictest sense of the term. However, in terms of the actual modus operandi of the 1 Encyclopedia of Democracy, 2 Policy Dialogue on Legislative 1995, p. 925 Development, 2002

26 election update 2003 swaziland number 1 functioning of the executive with democracy itself. activity in Swaziland. organ of the state. In essence, Democracy, it is argued, is a Whereas the general trend in therefore, political parties system of competitive Africa has been that political play an important role within political parties. The parties emerged as early as the Parliament “in shaping the competitive electoral the 1910s with the African relationship between the context, in which several National Congress (ANC) in executive and the legislature political parties organise the South Africa established in and in prioritising the alternatives that face the 1912, for instance, in legislative agenda.”3 Having voters, is what identifies Swaziland political parties made this point, it goes contemporary democracy. were only established in the without saying, therefore, that Non-party states are 1960s, about eight (8) years a democratic governance predominantly traditional before political system gains more strength dynasties (such as Saudi independence Swaziland, through existence and Arabia) and a few military therefore has no record of activities of political parties regimes; their numbers have decolonisation movements both within and outside of the declined in recent years”5 that mounted pressure upon Parliament. Political parties (emphasis mine). colonial administration for influence the legislature in political independence, more ways than one, such as: Included among the which following declining species of non- decolonisation, then • Whether a legislature party states is, obviously, the transformed into political exists at all or has any Kingdom of Swaziland parties (ruling and meaningful powers; dating as far back as the opposition). Lodge et al • The relationship among early 1970s. This suggests remind us that “although it political parties in the that Swaziland still faces an articulated political views, legislature; enormous challenge of the Swazi Progressive • The legislature’s transition from dynastic Association (SPA) founded relationship with the authoritarianism towards a in 1929, did not transform executive; and firmly party-based itself into a political party • The legislature’s internal democratic governance. until 1960 when it became organisation, stability and the Swaziland Progressive dynamics.4 Noteworthy within the Party (SPP), the country’s context of Swazi politics is first political party. The In general, therefore, that, in comparison with career of its leader, J.J. political parties are central other parts of Africa, Nquku, had included not only to the way in which political parties emerged journalism and teaching. Dr. the executive and the fairly late, for reasons that Ambrose P. Zwane who had legislature become more have not yet become clear to completed his medical effective in driving the this author. We can only studies in South Africa, was governance project, but also surmise that the the party’s secretary in terms of deepening preponderance of the general. Having graduated democratic governance traditional institutions and from Fort Hare College itself. To borrow, once the hegemony of the royal (later Fort Hare University) again, from the Encyclopedia power may have been so and the University of of Democracy, “students of overwhelming that there has, Witwatersrand in South over time, been little, if any, Africa, Zwane was no political parties have 6 commonly associated them space for party political stranger to politics.”

3 Ibid. 5 Encyclopedia of Democracy, 4 http://magnet.undp.org 1995, p. 924 6 Lodge, et al, 2002, p. 323

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To examine party other. So, it came to pass that development in more detail, the monarchy would respond Political parties were typical of factional politics in to the early proliferation of effectively banned through a much of the African parties in Swaziland by Proclamation by H.E. King continent, the Swaziland establishing a counter-force Sobhuza II dated 12th April Progressive Party (SPP) in the form of the 1973 and duly made public experienced a split leading to Imbokodvo National by Attorney-General Mr. the establishment of the Movement (INM) in 1964, David Cohen on the 16 April Ngwane National Liberatory the same day of the pre- 1973. The Proclamation Congress (NNLC) in 1962 independence Legislative prescribed, among other under the leadership of Council election and just things, that: veteran politician, Dr. four years before • The Constitution of the Ambrose Zwane. The independence itself. Hatched Kingdom of Swaziland NNLC, in some sense, in the palace, the INM was, which commenced on the adopted a fairly radical and still is, the most 6th September 1968 is political posture espousing conservative political party hereby repealed; pan-Africanism and which essentially espouses • All political parties and advocating for political traditionalism within which similar bodies that independence of Swaziland state power and the cultivate and bring about under a constitutional governance process is disturbances and ill- monarchy embracing centralised in the monarch feelings within the universal suffrage, as Lodge and implemented largely Nations are hereby goes on to say. Another though the King’s scions. dissolved and prohibited; party established at Although a latecomer in the • No meetings of a approximately the same time political game in Swaziland, political nature and no was the liberal Swaziland the INM quickly became not processions or Democratic party (SDP) a only a political force to demonstrations shall be little on the right of the reckon with, but also a held or take place in any NNLC ideologically and dominant force that was able public place unless with “led by Simon Nxumalo and to exert its weight and the prior written consent later by Dr. Allen Nxumalo. entrench its hegemony of the Commissioner of A handful of white liberals within the political economy Police; and consent shall 7 joined the SDP.” of the country since its not be given if the formation to this day. As Commissioner of Police Let us not forget that the Lodge et al refresh our has reason to believe that Swaziland political memories, “thanks to its such meeting, procession landscape has always been a substantial resources and or demonstration, is contested terrain in which wide-ranging connections, directly o indirectly the two major protagonists the INM became a related to political have locked horns in a fierce formidable force. In the pre- movements or their conflict over the monopoly independence elections of riotous assemblies which of the country’s political 1964 and 1967 it won all may disturb the peace or system namely the monarchy seats in the Legislative otherwise disturb the and the chieftainship, on the Council. However, as more maintenance of law and one hand and the modern power became concentrated order; and political institutions such as in the hands of the King, the • Any person who forms or political parties and civil role of political parties attempts or conspires to 8 society organisations on the diminished.” form a political party or who organises or

7 Ibid 8 Ibid participates in any way in

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any meeting, procession Swaziland as part of the the INM, the NNLC, the SPP or demonstration in overall backdrop to the and a new party – the contravention of this forthcoming elections in Swaziland United Front decree shall be guilty of October 2003. (SUF). The election was an offence and liable, on once again comfortably won conviction, to Snapshots of Previous by the INM which grabbed imprisonment not Elections all the 24 parliamentary seats exceeding six months.9 leaving the other contestants Swaziland organised and out in the cold, stranded and The 1973 Royal held its first Legislative bewildered. The INM won a Proclamation outlined above Council elections on 23-25 total valid votes of 191 160 was further affirmed and June 1964 in which three (3) (79.4%) and the NNLC reinforced by Decree No. 2 political parties took part managed to garner 48 744 of 2001, signed into law by namely (a) the INM; (b) the votes (20.2%), while a few King Mswati III. However, NNLC and (c) United smaller parties together although generally political Swaziland Association shared about 1000 votes. parties are banned and (USA). The latter was a Given the serious prohibited from actively political formation deficiencies of the First-Past- engaging in politics in representing the interests of The-Post (FPTP) electoral Swaziland, political big business especially white system that Swaziland formations that exist today in settlers. According to Lodge operates, the INM won all the country are: et al, “the INM emerged the seats in parliament and victorious with a landslide the NNLC did not get even a • The Imbokodvo National majority of 85%. The NNLC single seat despite the fact Movement (INM); came second scoring 12% that the party had the support • Ngwane National and the …USA… won all of about 20% of the total Liberatory Congress led the seats allocated to whites” votes. So it was that by Obed Dlamini; (2002:323). The INM following this election, • Peoples’ United “received 79 683 (85.5%) of Swaziland was granted Democratic Movement votes on the National Roll independence with the reins (PUDEMO) led by (as opposed to the European of state power firmly in the Mario Masuku; Roll, on which the United hands of the royalist INM. • Swaziland National Front Swaziland Association won (SWANAFRO) led by all seats). The NNLC won The first election following Elmond Shongwe; 12.3 percent, the SDP 1.4 independence was held on percent and the SPP … only 16-17 May 1972 and a total • Swaziland Progressive 10 Party (SPP) led by J.J. 0.7 percent.” So, as we of five (5) parties battled it Nquku; observed earlier on, the out the control of state power • Swaziland United Front newly formed INM was able namely the INM, the NNLC, (SUF) led by Matsapa to win an election with a the SPP, the SUF and a Shongwe landslide majority and was splinter group, the NNLC- thus comfortably ready for Samketi. As would be Despite the existence of the the pre-independence expected flowing from the above parties, elections in election contest. The pre- previous elections, the INM Swaziland are not party independence election was once again trounced the based. The next section held on 19-20 April 1967. other parties securing 78.3 highlights the outcome of Contesting this election race precent of the total valid previous elections in were the following parties: votes and 21 out of 24 parliamentary seats. However, the unusual 9 Government of Swaziland, 1973 10 Rule, 1998, p. 2

29 election update 2003 swaziland number 1 happened this time round: under the new Tinkhundla and according to Rule (1998) the NNLC gave the INM the system. As previously this number represented a run for its money by described, Swaziland is paltry 30% of eligible voters. claiming three seats. As divided into forty (40) This suggests that voter Lodge et al put it poignantly Tinkhundla “whose voters apathy is rather high in despite the INM’s landslide each had to elect two Swaziland. Whereas the victory “the main opposition representatives to an election returned 55 MPs the party, the NNLC, realised its electoral college. The two additional 10 MPs were dream of being represented elected in each indvuna appointed by the King. in the National Assembly by inkhundla. The Electoral winning the remaining three College then elected 40 Conclusion seats.”11 The NNLC won members of parliament from 18.2 percent of the total valid a list of 60 nominees. The 40 Given the above record of votes and three seats. The were complemented by a electoral politics in three NNLC candidates who further 10 nominees of the Swaziland, it is evident that won the votes in their King. The 50 people then the country’s political constituencies were Zwane, elected 10 Senators, who in system is fraught with Ngwenya and Masilela.12 turn were complemented by enormous problems of However, immediately another 10 nominees of the representation, inclusivity following the election a King.”14 In this and the and consequently legitimacy major controversy erupted in subsequent elections namely of rule. The electoral system which the citizenship of the 1983 election, the 1987 used in the country has (is Thomas Ngwenya was election, the 1993 election still and will in the seriously questioned and the 1998 election all of foreseeable future) continue precipitating a constitutional which were conducted on the to ensure the overbearing crisis that led not only to his basis of the Tinkhundla political hegemony of the deportation to South Africa, system, no political parties royalist forces. Not only that; but King Sobhuza II found in contested the elections. the electoral process itself this incident a good However, the electoral also solidifies the dominance opportunity to throw the process has bee dominated of only one force at the independence constitution by the aristocratic elite, exclusion of other key forces out of the window and further entrenching the in the governance process. jettison multipartyism and hegemony of the monarchy Under these conditions, it is thereby entrenching firmly and the chieftainship as it fairly easy to predict that aristocratic mode of were. The latest election was even in the forthcoming governance. He then held on the 27th October election in October 2003, the proceeded to declare a state 1998 on the basis of the 1992 royalist forces are bound to of emergency and banned Elections Order which consolidate their unfettered political parties. This essentially entrenches further hold on power. In a nutshell, culminated in the abolition the Tinkhundla system. The there are no prospects for a of the independence table below depicts the vibrant electoral contest as constitution as outlined number of voters registered other parties have called for earlier – a status quo that in each of the four districts the boycott of the process prevails to this day.13 and the number of votes cast given their lack of and the number of elected confidence in the whole The next election was held MPs. A total number of 119 event on the 27 October 1978 845 (60% of registered voters) voters cast their vote 11 Ibid, p. 328 12 Ibid, p. 3 13 Lodge et al., 2002; Rule, 1998. 14 Rule, 1998, p. 3

30 election update 2003 swaziland number 1

Reg. Votes % of MPs District Voters Cast Poll elected

Lubombo 37 609 20 564 54.7 11

Hhohho 57 198 17 340 65.3 14

Manzini 53 634 32 531 60.7 16 Shishelweni 50 004 29 410 58.8 14 Total 198 445 119 845 60.4 55

Source Rule, 1998

References

The Encyclopedia of Democracy. London: Routledge, 1995.

http://magnet.undp.org.

Kingdom of Swaziland. Proclamation by His Majesty King

Sobhuza II, 12 April 1973.

Lodge, T., Kadima, D., Pottie, D., eds., Compendium of Elections in

Southern Africa, Johannesburg: Electoral Institute of Southern Africa, 2002.

Policy Dialogue on Legislative Development. Brussels, 2002 (mimeo).

Rule, S. Elections in Swaziland, October1998. Johannesburg: Electoral Institute of South Africa, 1998

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