Swaziland@Newsletter 67
Published by Africa Contact (Denmark)

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1. Swazi King dissolves parliament. Reuters AlertNet 14/06/2008.

2. ?Disrespect king and die?. Swazi Media Commentary 16 June 2008.
www.swazimedia.blogspot.com

3. Stop royal infighting. Sisho Magagula. Weekend Observer. June 14, 2008.

4. The future of Swazi Law and Custom. Musa Ndlangamandla. Weekend
Observer, June 14, 2008.

5. Political parties divided, confused. Njabulo Dlamini. The Swazi
Observer, Jun2 14, 2008.

6. Swazi rulers chicken out of TV. Swazi Media Commentary 14 June
2008 www.swazimedia.blogspot.com

7. No to political parties. Timothy Simelane. Weekend Observer. June
14, 2008.

___________________________

1. Swazi King dissolves parliament. Reuters AlertNet 14/06/2008.

Ludzidzini, Swaziland - Swaziland's King Mswati III, Africa's last
absolute monarch, announced on Saturday he will dissolve parliament by
month's end ahead of new elections in the impoverished country.

"Since we are now in the middle of the month, we will then expect that
at the end of the month the current MPs would go and prepare
themselves," the king told a national meeting, with some 2 000 in
attendance.

"So with effect from June 30, the current MPs would be relieved of
their duties."

The national meeting being held at a cattle byre just south of the
capital Mbabane began Wednesday and wrapped up on Saturday.

Parliamentary elections are held every five years after which the king
appoints a new prime minister.

More than a third of the parliament's 85 members are handpicked by the
king, who also makes all government appointments.

Swaziland's constitution, re-written in 2006, allows for freedom of
association but people can only stand for elections as individuals.

The king keeps a strong traditional grip on the tiny landlocked
kingdom, while opposition and civil society groups have been fighting
for plural politics and the abolition of the monarchy, which they
claim is dictatorial.

Swaziland's current king succeeded his late father in April 1986.

The kingdom is one of Africa's poorest nations with more than
two-thirds of its one million people living in poverty.
______________________________

2. ?Disrespect king and die?. Swazi Media Commentary 16 June 2008.
www.swazimedia.blogspot.com

Swaziland?s traditional prime minister has called for a Swazi
journalist to face serious punishment or even death for writing an
article that was ?disrespectful? to King Mswati III.

Jim Gama said a report published in a newspaper (it was the Times of
Swaziland but he never said this out loud) about the financial cost to
the kingdom of holding a three-day ?people?s parliament? had been
?very disrespectful to royalty and the king?.

The Times Sunday reported yesterday (15 June 2008) that Gama told a
crowd at the ?people?s parliament? that he was disgusted at the way
the story was handled.

According to the Times Sunday, Gama said, ?whoever wrote the report
should be punished using ?umphini? which in Swazi terms means a
serious punishment or even death?.

Gama is the Ludzidzini governor and is recognised in Swaziland as the
leader of the traditionalists in the kingdom. His word carries more
weight in Swaziland than that of the official Prime Minister, Themba
Dlamini.

The Times Sunday reported Gama saying, ?Your Majesty, you gave them
[the media] the freedom to write and with that freedom they are
disrespecting you.?

Gama went on to say that the newspapers should have reported that the
?people?s parliament? was filled to the brim ?and that Swazis loved
their king instead of writing negative reports?.

The day before publication a reporter from the Times of Swaziland
telephoned me to ask for my comment on Gama?s statement. I said that
the Swazi press should not let Gama intimidate them and the duty of
the media was to support the people of Swaziland and not the ruling
elite.

None of this appeared in the paper and who can be surprised when Gama
holds the threat of death over the heads of journalists?

The report that so offended Gama appeared in the Times of Swaziland
(13 June2008) and said that the cost of the three-day ?people?s
parliament? would be E15 million (just over 2 million US dollars). The
newspaper also reported that people at the parliament said they were
fed up with government corruption.

The Times Sunday (15 June 2008) ran an apology saying that the story
about the E15 million budget ?gave the impression that the expenses
for the People?s Parliament would cost E15m. This is not the case, and
we would like to apologise to all those who might have been misled.
The article, however was correct.?

How?s that for a non-apology apology? Do you think there was some
arm-twisting going on?

Link
http://swazimedia.blogspot.com/2008/06/disrespect-swazi-king-and-die-trad-pm.htm\
l
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3. Stop royal infighting. Sisho Magagula. Weekend Observer. June 14, 2008.

There can never be peace in this country so long as there is
in-fighting within the Royal household, Sibhimbi Dlamini has observed.

He was making his submission yesterday at the People?s Parliament at
Ludzidzini Royal Residence.

?There can never be peace in Swaziland if there is in-fighting amongst
members of the Royal household. Some members of the Royal committees
are members of political parties yet they serve the King,? alleged
Dlamini amid murmurs from members of the People?s Parliament.

Dlamini further said the King should retain all powers but currently,
the Constitution seems to have removed certain powers from the
Ingwenyama.

?For instance, the constitution says if the King wants to remove a
prime minister, he must consult with a judge and if the judge refuses
that the PM be removed, that would be the end of story. This is not
what the people wanted; the people wanted power to the King and that
did not happen and we wonder why?? said Dlamini.

Dlamini also caused a spectacle when he verbally attacked Mtfongwaneni
Member of Parliament Mfomfo Nkhambule inside the cattle byre.

Mincing no words, Dlamini accused Nkhambule of misleading the nation
on issues pertaining to the governance of the country.

?Buka nje naba boMfomfo, ba busy bayadvwanguta nje,? said Dlamini.

At this stage, Ludzidzini governor Jim Gama who was controlling
proceedings, stepped in.

?Bekunene, akufuneki ke loku, hloniphani emagama ebantfu. There should
be no mention of people?s name here. Just make your submission and do
not parade other people?s names,? said Gama.

Dlamini, after making his submission quickly moved out of the cattle byre.

Nkhambule was not present at the People?s Parliament yesterday as he
was attending a seminar of multi-party democracy at the Convention
Centre.
________________________

4. The future of Swazi Law and Custom. Musa Ndlangamandla. Weekend
Observer, June 14, 2008.

The much reported case of Mzikayise Ntshangase may have passed the
sunset of its shelve life, but it raised some serious issues regarding
the validity, role and influence of Swazi Law and Custom in so far as
it relates to Western law.

Apart from the serious controversy that followed the matter, there was
a real conflict regarding how far the Western style courts could go in
deliberating and determining the issues - which a substantial number
of people felt was embedded in Swazi Law and Custom and that had to be
dealt with and finalised in that realm

Attention

Another serious, yet 'thorny' issue that requires attention is that of
the legal standing of women - loci standi in judicio - with due
recognition of the fact that under Swazi Law and Custom she, after
marriage, becomes a member of her husband's family group with
concomitant guardianship.

There are many other matters which have all the trappings of customary
law, which have presented the nation with a dilemma regarding their
station between Swazi Law and Custom and Western Law, such that it is
no longer realistic for the country not to seek to strike a reasonable
balance between Swazi Law and Custom, the Bill of Rights [contained in
the Constitution] and the general ambit of Western law.

Harmony

Clearly, if Swaziland is to rise to the occasion and bring harmony in
this crucial area of the law, there is a real need to stop the neglect
of Swazi National Courts.

There is real need for reform and professionalisation of the Swazi
National Courts, which implies the upgrading of courtrooms and the
training of court officials. Consideration should be made to turn the
existing courts of first instance into magistrates' courts of special
class. This is but one of the actions that we need to take as a
country, if we are to ensure that Swazi Law and Custom occupies its
rightful place under the sun.

This legal system is an indispensable ingredient of the Swazi society,
it should be obvious that this indigenous law stands to contribute to
the future of the Kingdom of Eswatini.

The future of Swazi Law and Custom is important in the sense that a
substantial part of it is still living law. The continued application
of Swazi Law and Custom is also, therefore, guaranteed in the new
Constitution. Swazi Law and Custom will, however, as has been the case
in the past, continue to undergo constant change as it has the
capacity to adapt to changes in all spheres of life.

Its adaptation should, however, not be initiated by a Bill of Rights
as an instrument of entrenching Western values, but should be adapted
in harmony with its underlying principles.

His Majesty King Mswati III appreciates the need to put things in
their proper perspective, hence the project for the Recording and
Codification of Swazi Law and Custom - which was finalised in 2006.

Issue

Weekend Observer yesterday raised the issue with Professor Frans
Whelpton of the Department of Constitutional International and
Indigenous Law of the University of South Africa (UNISA) regarding the
legal issues to be addressed.

He said although the Swazi government can make use of legal reform to
attain some its objectives with regard to development, the law has
certain limits. Prof. Whelpton explained that the efficacy of the law
is dependent on the community's perception and acceptance of what the
law should be and should accomplish.

Examples of laws not expressing the people's values but rather
reflecting the developmental objectives of a new African elite abound
in several African countries. In this regard a distinction can be made
between 'paper law' and 'living law' or the 'people's law'. Prof.
Whelpton was asked to expand on examples of legal domains that could
possibly be addressed by the people and government in this regard.

Points to ponder:

- The potential basic conflict between the individual rights
orientation of the general common law and statute - and the communal
rights and obligations orientation of Swazi Law and Custom.

- The Bill of Rights emphasis on rights as opposed to the Swazi Law
and Custom principle of duties and patriarchy, which qualifies such
implied freedom by virtue of the respect paid to persons of high
social and political rank.

- Women's rights to dispose of property.

- Polygamous relations and the transfer of marriage goods (emabheka).

- The variation of legal values and norms in the urban areas as
opposed to the law found in rural areas.
______________________

5. Political parties divided, confused. Njabulo Dlamini. The Swazi
Observer, Jun2 14, 2008.

They may all have one philosophy; of wanting to democratise and lead
Swaziland to change but political parties are still far from working
in unity and in tolerance.

This was evident when some speakers, particularly the African United
Democratic Party (AUDP)?s Sibusiso Dlamini, was booed and shouted down
as he tried to articulate the views of his organisation.

Most were against his call for people to participate in the elections
and that the Constitution was a legal document, arising out of a
legitimate process.

Legislature

He said people could only make amendments via the legislature route
since the document (constitution) was an Act of Parliament.

His knowledge of the constitution seemed to surpass many as he would
quote Sections as if he were reading his Bible.

Much to the shouts of disapproval from the audience, Dlamini said
Swaziland could attain full democratisation using the constitution,
peace, security as well as form a united government.

He said the supremacy of the Constitution had to be respected by all
to realise such (attaining democracy).

Tantamount

?The majority formed the constitution and the document was endorsed by
the international community. All parties should be registered as per
the constitution in order to participate in the forthcoming elections.
We?ll participate as an organisation since boycotting would be
tantamount to committing suicide.

?It is our fundamental right to influence the system, amend and make
laws whilst in parliament,? he powered out as some again booed him.

Chairperson of Swaziland National Democratic Front (SNDF) Barnes
Dlamini openly criticised the AUDP?s viewpoint, noting they were
?ashamed? having it in their body.

AUDP?s Dlamini serves as vice secretary of the Front.

Dlamini said the AUDP was confused since they were part of a body
which was against the elections yet they were rallying behind the
exercise.

However, Bishop Meshack Mabuza of the Anglican Church criticised the
Front?s position, noting tolerance and unity had to characterise
political parties? existence if they wanted to succeed.

?No matter how tall or short you are, we (the led) will need to see
you united.

"Sort yourselves out somewhere as leaders since the present act is
confusing the audience,? said Bishop Mabuza.

Also booed until she sought protection from the MC of the day was
PUDEMO?s Siphasha Dlamini.

The AUDP was to also lambaste the speakers against their view, noting
freedom of choice was a fundamental right; people could either boycott
or participate in the elections.

_________________________

6. No to political parties. Timothy Simelane. Weekend Observer. June
14, 2008.

The people have endorsed the ban on all political parties, saying they
do not show the right path to peace. They also say power should be
returned to the King.

Almost all submissions on the subject of 'peace' at the People?s
Parliament at the cattle byre condemned political formations, saying
Swaziland already has a democratic political system.

Sizwangendaba Dlamini said no political party should exist in
Swaziland to avoid plunging the country into a crisis, in a similar
situation with some troubled countries.
He said Swaziland had a good human rights record and should maintain it.
?We do not want these parties,? he said.

Sbhimbi Dlamini also emphasised that political parties should be
rejected with the greatest of contempt.
?Peace cannot be if some people within the royal family are also
members of political parties. There is nothing that these parties can
help us with, as is the case with Mfomfo, who is disorderly. One
wonders what order his party could bring to any society.?

Mathendele Dlamini, also minister of Foreign Affairs and Trade, said
he had visited many countries where he found that there was no peace.

He quoted a scripture in the Book of Hebrews where Christians are
warned to hold on to what they were taught lest they be put to
extinction.
?In other countries there is turmoil and no peace at all. As a Swazi
nation we come from an era of political parties in 1972. We know the
hardships we faced then, and should not return to such,? he said.
Samuel Motsa supported the minister?s words saying it was true that
countries in which political parties exist were plunged into chaos.

"If you can bring political parties here, you will see what would
happen to the Swazi nation. I have also travelled and seen what
Mathendele is talking about.?

Many other speakers took a similar path to condemn political parties.
Though some who are known to affiliate to political parties were
present, they did not say anything to the contrary. Long serving
former NNLC President and Nhlambeni MP Obed Dlamini only talked about
agriculture reforms and how important it was to end poverty.
He did not buy into the issue of parties.

Sipho Shongwe suggested that a committee should be established to do a
consultative exercise and establish for a fact if political parties
could be allowed to go to the polls.
?For peace to exist in Swaziland, there should be another committee to
gather the nation?s views on this subject.?

Elizabeth Dlamini said she was worried that some elements of political
parties could infiltrate the army if there are no proper checks and
balances during recruitment.
?This PUDEMO will fill the army because of the manner the recruitment
process is conducted,? she said.

It was also in 1973 where the nation advised King Sobhuza II that
political parties should be done away with because they were a foreign
ideology.

________________________________

7. Swazi rulers chicken out of TV.
Swazi Media Commentary 14 June 2008 www.swazimedia.blogspot.com

The Swaziland Government refused to take part in an internationally
televised programme to defend itself against accusations that
Swaziland is not a democracy and is instead ruled by an autocratic
king who is out of step with the aspirations of his people.

Instead, the government demanded (and will get) airtime without
opposition people present to put forward its own view of what life is
like in Swaziland.

The programme called African Views, broadcast by the South
African-based channel SABC Africa, went out live on Thursday (12 June
2008) and was repeated the next day. People in Swaziland who subscribe
to DSTV satellite television were able to receive the programme.

Among the four panellists on the programme were representatives of
PUDEMO (an organisation banned in Swaziland), the Swaziland Solidarity
Network, and a member of the Young Communist League.

It is no surprise that the Swaziland Government chickened out and
refused to appear. It is not used to having to defend itself on the
airwaves. Most broadcasting in Swaziland is state controlled and the
part that isn?t, such as Channel Swazi (Channel S), supports the
monarchy and the status quo in Swaziland.

The makers of African Views said the Swazi government would be given a
programme to itself (with the regular presenter of the programme in
the chair) to give its point of view before the end of this month or
early next month.

Personally, I think the makers of African Views should not run the
programme. If the Swazi Government doesn?t have the courage to face
its critics, that?s its problem. Can you imagine an internationally
respected news organisation such as CNN, the BBC, or Aljazerra
(channels that are also broadcast on DSTV) allowing the Swazi
Government to get away with such a thing?

The government may regret not being on the programme because those who
did take part gave a lucid account of how undemocratic Swaziland is.
This was a rare chance for people in Swaziland to hear views that
cannot be aired on radio or television by Swazi-based broadcasters.

Here are some of the points viewers to African Views heard.

The international community has condemned Swaziland?s rulers for
arresting and torturing political activists.

King Mswati III is above the law in Swaziland because the new Swazi
Constitution allows him to overrule any law that he wished. There is
?no will of the people? in Swaziland, no democracy and the king
decides everything.

The elections due to be held later this year are ?toy elections?,
because political parties are banned. In 2003 at the last elections in
Swaziland election observers from the Commonwealth said the elections
were a mockery because the parliament that was being elected had no
powers. This situation has not changed with the new constitution.

There was a call on the programme for the international community not
to go to Swaziland to ?observe? this year?s election because to do so
would give the vote an undeserved legitimacy.

The Royal Proclamation of 1973 that suspended democracy is still in
force in Swaziland. If the decree were lifted and political parties
allowed, there might be some reason to call this year?s elections
?free?.

People in Swaziland are told that democracy is ?unSwazi? and the
ruling elites camouflage the strict political control that exists in
the kingdom by saying this is the correct cultural, or traditional
way, of doing things in Swaziland. Anything else is ?foreign.?

Meanwhile, the chiefs, described as ?the king?s Boy Scouts?, keep the
70 percent of Swaziland?s population who live in rural areas under
strict control. Women have no rights in the rural areas and under
traditional law a five-year-old boy has more legal rights than an
adult woman.

Panellists called on the international community to put more pressure
on Swaziland to transform itself into a modern democracy. But it was
also recognised that Swazi people have to do things for themselves.
Swazis must determine what kind of Swaziland they want.

So, as you can see, the Swazi government missed its chance to defend
itself. I suspect they realised they had no chance of winning. If they
had turned up and this had been a soccer match they would have
suffered a 10-nil defeat.

What a pity that SABC Africa is going to give the Swazi Government the
chance of a replay. And without a team to play against next time it
will be a whitewash for the government.

Link
http://swazimedia.blogspot.com/2008/06/swazi-government-chickens-out-of-tv.html

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