Swaziland@Newsletter 71
Published by Africa Contact (Denmark)

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__________________________________________

1. No parties during elections says the Attorney General. Sabelo Mamba.
The Swazi Observer. July 25, 2008.

2. "...but constitution allows parties". The Swazi Observer
July 24, 2008.

3. Elections Team cannot be taken to court. Sabelo Mamba. The Swazi
Observer, July 23, 2008.

4. Union solidarity against dictatorship. Raul Connolly. 19 July 2008.
International News, Green Left Weekly issue 23 July 2008.

5. SFTU snubs Smart Partnership Dialogue. Arthur Mordaunt. The Times
of Swaziland (Mbabane), 17 July 2008.

6. Another review: Without the King. Kam Williams. EUR DVD Review
July 23, 2008.

7. Swaziland Solidarity Network (SSN) Executive Summary: The Situation
in Swaziland.
_______________________________________

Dear readers

The discussion continues, the conflict continues. In the court, in the
trade unions and on the street.

No parties during elections, says the Attorney General. ...but the
constitution allows parties, says the lawyer, Paul Shilubane.

Trade unions and political formations are at court challenging the
constitution and its institutions. This is understandable. On the
other hand, as stated by the Swaziland Solidarity Network, the king
has absolute control over the court: Nothing happens without his
dictatorial hand.

And in a review we read: The king owns 7 palaces, a fleet of
luxury cars, the media and sugar industries, and most of the developed
real estate. He has $45 billion stashed away in a Swiss bank for
safekeeping. The miserable plight of the people isn't about to change
any time soon in the absence of a revolution.

These are hard words in a review of the DVD Without the King, written
by Kam Williams.

But hard words are sometimes necessary.


Yours sincerely
Patrick Mac Manus
Editor Swaziland@Newsletter
_______________________________________


1. No parties during elections says the Attorney General. Sabelo
Mamba. The Swazi Observer. July 25, 2008.

Attorney General Majahenkhaba Dlamini says there is no provision in
the constitution, which allows political parties to
participate in the elections.

Dlamini told a High Court full bench that government was being accused
of threatening to violate the trade unions/political party rights
guaranteed under Section 25 of the constitution.

The said section only talks about peaceful assembly and association,
he said.

Dlamini said members of political parties such as PUDEMO and NNLC can
only participate in the elections individually and not as political
groupings.

The applicants? argument is not based on the violation of Section 25
of the constitution, he submitted.

They do not state that at some point the respondent (government)
stopped the applicants from associating peacefully. The applicants in
their papers want to be registered and recognised, but under which
provision of the constitution it is stated that they should be
recognised as political parties.

The AG said political parties could exist, but when it comes to
public functions they have to come as individuals.

He submitted that there was no provision in the constitution entitling
members of the political parties to join the Elections and Boundaries
Commission (EBC).

Dlamini said the political situation in South Africa was different
because SA was a party state. He said Section 79 of the Constitution
(Tinkhundla government system) was a way of life of the people of
Swaziland.

It lays down the system of government which should be the
foundation, he said.

The AG was making submissions before a full bench comprising Justices
Stanley Maphalala, Jacobus Annandale and Mbutfo Mamba.

The trade unions/parties brought an application for an order allowing
them to participate as a group in the forthcoming elections.

They are also challenging the legality of the EBC and its members.

The applicants are Jan Sithole (in his capacity as a Trustee of the
National Constitutional Assembly-Trust), Mario Masuku, People's United
Democratic Movement, Dominic Tembe, Ngwane National Liberatory
Congress, Swaziland Federation of Trade Unions, Swaziland Federation
of Labour and the Swaziland National Association of Teachers.

The respondents are government, Prime Minister Themba Dlamini,
Minister of Justice and Constitutional Affairs Prince David, Attorney
General, Chairman of the Constitution Drafting Team, House of Assembly
Speaker, Senate President, Minister of Housing and Urban Development,
EBC and the Judicial Service Commission.

The AG is being assisted by Mndeni Vilakati.

____________________________

2. ...but constitution allows parties. The Swazi Observer
July 24, 2008.

Lawyer Paul Shilubane said under the common law of Swaziland political
parties were permitted in the country.

He said there was no law prohibiting the formation of political parties.

Shilubane argued that NNLC and PUDEMO were voluntary associations and
as such were legal entities under the law of Swaziland.


He said they had a right to be recognised, registered and to organise,
operate, engage in free political activity in the country including
participating in free and genuine democratic elections without
intimidation or harassment by government.

Shilubane said there was nothing in the constitution that proscribed
the existence of political parties given that the advent of the
constitution created a new dispensation, which entrenched the Rule of
Law, Freedom, Liberty and Democracy.

The respondents have not filed anything to challenge the submission
that political parties are no longer banned in Swaziland, he contended.

The applicants are voluntary associations subject to the general law
of Swaziland. The issue raised by the respondents in their heads of
arguments is that Section 79 of the constitution prohibits applicants
from contesting elections as political organisations.

Section 79 of the constitution states: The system of government for
Swaziland is a democratic participatory Tinkhundla based system which
emphasises devolution of power from central government to tinkhundla
areas and individual merit as a basis for election or appointment to
public office.

He said given that Swaziland was a democracy, political parties must
be allowed to participate in the elections particularly because of the
content and meaning of Section 24 as read with Section 84 of the
constitution.

The attorney submitted that it was unconstitutional for government not
to allow political parties to be part of the electoral process.

This is an infringement of section 84 of the constitution, he said.
_____________________________

3. Elections team cannot be taken to court. Sabelo Mamba. The Swazi
Observer, July 23, 2008.

Attorney General Majahenkhaba Dlamini told a High Court full bench
that the Elections and Boundaries Commission (EBC) and the Judicial
Service Commission (JSC) cannot sue and be sued in their own names.

The AG explained that Section 90 of the country's constitution Act No.
001 of 2005 does not declare the EBC was a corporate body with the
power to sue and be sued in its own name.

He said by the same token Section 159 of the constitution read with
Section 3 of the Judicial Service Act 13/1982 does not confer separate
legal persona on the JSC.

"Therefore, both commissions cannot be brought to court in their own
names," he argued.

The AG was making submissions during an application brought trade
unions and political formations, which are challenging the
constitutionality of both commissions.

Cited as applicants are Jan Sithole, Mario Masuku, Peoples United
Democratic Movement, Ngwane National Liberatory Congress, Swaziland
Federation of Trade Unions, Swaziland Federation of Labour and the
Swaziland National Association of Teachers.

The respondents are government, Prime Minister Themba Dlamini,
Minister of Justice and Constitutional Affairs Prince David, Attorney
General, Chairman of the Constitutional Drafting Committee, House of
Assembly Speaker and the Senate President.

The AG argued that the unions/parties ought to have cited the
chairpersons of the commissions in their representative capacities.

"The applicants contend that the use of the word independent in
Section 90 (1) and 159 (1) of the constitution implies that the EBC
and JSC have power to sue and be sued in their own name," he said.

"Put differently, the EBC and JSC are constitutional bodies and hence
they can litigate. This contention was rejected by the court in Sipho
Eric Thwala versus The Civil Service Commission and two others Civil
case No. 269/2007 (unreported).

"The applicants further contend that in South Africa, that country's
constitution does not declare that the Independent Electoral
Commission is a body corporate with power to sue and be sued in its
own name. This contention is without merit in that it ignores the
provision of Section 22 of the Electoral Commission Act 51/1996."

"Prayer 2 of the so-called interlocutory application seeks a
declarator that the composition of the EBC is unconstitutional. This
prayer is not ancillary to a declarator that members of PUDEMO and the
NNLC are entitled to be members of the EBC."

He submitted that the constitutionality of the EBC ought to have been
raised in fresh application.

The AG explained that the composition of the JSC was governed by the
Judicial Service Commission Act, 1982. "Therefore, prayer 3 is an
attack on the constitutionality of the JSC Act," he said. "The
constitutionality of the JSC Act ought to have been raised at the time
the proceedings were initiated and not less than two weeks before
argument."

The AG was assisted by Mndeni Vilakati.

The full bench comprised Justices Stanley Maphalala, Jacobus Annandale
and Mbutfo Mamba.

Paul Shilubane and Thulani Maseko represented the unions.

Link: http://www.observer.org.sz/main.php?id=45563&section=main

_____________________________

4. Union solidarity against dictatorship. Raul Connolly. 19 July 2008.
International News, Green Left Weekly issue 23 July 2008.

According to a July 15 statement by Congress of South African Trade
Unions (COSATU) spokesperson Patrick Craven, a meeting of southern
African trade union representatives that day had issued a call for
unions to place industrial bans on goods destined for Zimbabwe in
solidarity with the struggle for democracy.

The meeting involved COSATU, the Zimbabwe Congress of Trade Unions
(ZCTU), the Swaziland Federation of Trade Unions and the Swaziland
Federation of Labour as part of preparation for an international
solidarity conference with Zimbabwe and Swaziland to be held in
Johannesburg on August 10-11, to mobilise solidarity with the people
of Zimbabwe and Swaziland in their struggle for democracy and human
rights.

Arguing that the situations in Zimbabwe and Swaziland pose a massive
challenge to the people of Africa, the statement claims that recent
developments threaten to roll back the spreading trend towards
democracy in Africa.

It is an opportunity for the workers of Africa to lead a campaign of
the people of Africa to demand the establishment of democracy and
respect for human rights, Craven stated.

The statement noted that this year is a year of elections in both
countries, but in neither case does the process resemble any accepted
standards of democracy. While the Zimbabwe March 29 general elections
were stolen by the regime of President Robert Mugabe, Swaziland
remains an absolute monarchy in the premier league of human rights
offenders.

The Southern African Trade Union Co-ordinating Council (SATUCC) and
individual affiliates in the region need deeper engagement to
institutionalise solidarity as a permanent feature of the regional
trade union movement?, according to Craven, with the aim of
constituting ?a broad solidarity front of the working class in the
region.

Craven said that, The meeting agreed to oppose Western
powers-initiated sanctions other than sanctions targeted at the
leadership of the illegal government. We however support actions
initiated by workers of the region, continent and the world over.

In this regard the meeting called on COSATU, SATUCC and the rest of
the workers everywhere to refuse to handle goods destined for Zimbabwe
and Swaziland for an initial period of one week, which will be
extended if no progress is made in the realisation of our demands.

We agreed to work with the rest of civil society to stage a mass
protest and rally when the [Southern African Development Community]
heads of states summit is convened in South Africa on 15-17 August
2008. The protest march and rally will be held on 16 August near the
venue of the summit.
___________________________

5. SFTU snubs Smart Partnership Dialogue. Arthur Mordaunt. The Times
of Swaziland (Mbabane), 17 July 2008.

The Swaziland Federation of Trade Unions (SFTU) snubbed Monday's Smart
Partnership Mini Dialogue.

The organisation said it could not participate in the dialogue because
it did not see it as the appropriate forum to discuss the issues
discussed there.

SFTU Deputy Secretary Archie Sayed confirmed the snub. "We
intentionally did not attend the dialogue. That's because we don't
believe it is the appropriate forum to discuss those matters," said
Sayed. "For us, the right forum is the Social Dialogue that was
formulated by the International Labour Organisation (ILO). So, our
Secretary General (Jan Sithole) communicated with them that we could
not participate."

Sayed disclosed that this was an SFTU position on the matter but other
civic organisations and labour formations invited could participate if
they wanted to.

The Social Dialogue he was referring to is a tripartite attended by
labour, business and government. When it is in session, it is chaired
by Deputy Prime Minister Constance Simelane.

Complaints

However, there have been complaints that government either did not
take the dialogue seriously or was deliberately not availing itself
due to the fact that some decisions taken at the dialogue can be
binding.

Apparently, this belief is reinforced by the fact that, for a long
time now, the dialogue has not been held.

Present at Monday's event, which was held at the Mavuso Trade Centre
in Manzini, was Prime Minister Themba Dlamini, cabinet ministers
Elijah Shongwe (Public Works and Transport), Dumsile Sukati (Natural
Resources and Energy), Mtiti Fakudze (Agriculture and Co-operatives)
and Thandi Shongwe, the Tourism, Environment and Communications
Minister.

Country CPTM Director Dr Gideon Mahlalela referred enquiries on the
matter to Principal Secretary in the Prime Minister's Office
Lomathemba Hlophe who could not be reached for comment. She was
reportedly held up in a cabinet meeting.

Link: http://www.times.co.sz/002.html

___________________________

6. Decadence comes in all colours. Another review: Without the King.
Kam Williams. EUR DVD Review. July 23, 2008.

King Mswati III is a benevolent despot ruling the tiny African nation
of Swaziland with a velvet-gloved iron fist.

This last absolute monarch on the continent governs just about the
only sub-Saharan country somehow untouched by civil war or ethnic
cleansing over the last 30 years.

In contrast to such war-torn lands as Uganda, Rwanda, Congo, Liberia,
Sierra Leone and The Sudan, Swaziland has enjoyed a
relatively-peaceful existence.

This, despite the fact that its citizens have a 42% AIDS rate and the
world's lowest life expectancy at 31. Plus, most of the population has
to survive on about 63 cents a day, and are thus very dependent on
donations from international charities to survive.

Meanwhile, the royal family lives in the lap of luxury, starting with
the king. He has 14 wives, and picks another new one to add to his
harem from the 75,000 topless young virgins participating in the
annual Reed Dance, a weeklong celebration of chastity.

He also owns 7 palaces, a fleet of luxury cars, the media and sugar
industries, and most of the developed real estate. Plus, he has $45
billion stashed away in a Swiss bank for safekeeping. Political
parties are banned in Swaziland, so the miserable plight of the people
isn't about to change any time soon in the absence of a revolution.

Besides Mswati, the film focuses on the decadent behaviour of his
spoiled-rotten eldest child, an airhead attending college in
California. Well aware of the exploitation of her father's subjects,
this future queen sarcastically appraises the situation shortly before
the curtain comes down, vaguely promising to make some changes while
rolling her eyes.

We're supposed to buy the idea that the Swazis will be saved by
Africa's answer to Paris Hilton. Yeah, right. Proof-positive that
decadence comes in all colours.

Excellent (4 stars). In English and Siswati with subtitles.
Running time: 84 minutes. Studio: First Run Features.
DVD Extras: Deleted scenes and a theatrical trailer.

___________________________

7. Swaziland Solidarity Network (SSN) Executive Summary: The Situation
in Swaziland.

The following conditions now practically exist in Swaziland:

1) King Mswati III has full absolute control over the Legislative,
Judicial and Executive. Nothing happens without his dictatorial hand.

2) The King is Commander in Chief of the police and army of Swaziland,
using them to maintain his absolute power by brutal suppression of
comrades.

3) All political parties remain banned.

4) All political activity must be under royal control, and must
support the current system. Otherwise they are suppressed brutally by
the armed forces.

5) Worker and union activity is suppressed in order to weaken
workers and bolster the Kings control.

6) The media (TV/ radio/ newspapers) is under the King?s control, and
independent journalists, journalist critical of the King are banned or
suppressed.

7) The new Swazi Constitution which bans political parties is being
used to carry out the sham elections in October. Under this election
system, political parties remain banned, and people can only contest
elections as individuals who can only stand for elections after
getting the ?go-ahead? by the local chief. It is a given only
?pro-king? candidates will be allowed to stand.

8) Corruption is at an all time high. The King himself holds
controlling shares in many companies. The result is the majority of
Swazis are living in extreme poverty. Half the population is
living/dying with AIDS and nothing is being done to curb the genocide
of the Swazi population. The statistics paint a staggering picture of
the royal elite living in abject opulence and extravagance at the
expense of the impoverished masses of working poor and unemployed.

Any way forward must address some basic fundamental issues that will
put Swaziland firmly on the path of democracy. As Swaziland Solidarity
Network, our role is to galvanize mass international support in
support of the liberation movement led by PUDEMO (Peoples United
Democratic Movement of Swaziland), that lead to genuine democracy.


The Way Forward:

As Swaziland Solidarity Network (SSN) we support the way forward
enunciated by PUDEMO. That is:

1) We call for the immediate unbanning of all political parties.

2) We call for an Immediate Interim Government, made up of all
political parties. Such an interim government will be in charge of
Executive, Judiciary and Legislative arm of government, together with
the Police and Army.

3) The interim government will engage in a process of setting up
national elections based on one person one vote, leading to a
Constituent Assembly, which will draw up a new Democratic Swazi
Constitution, with a Constitutional Monarchy (The King will enjoy
similar cultural/traditional privileges as King Zwelithini of Kwa-Zulu
Natal, having no executive, legislative or judicial authority over
government).

Conclusion

It is in this light The Swaziland Solidarity exists to support all
pillars of the Swazi revolution until the basic demands are met. The
SSN has been in existence for over ten years with the sole objective
to support the liberation of Swaziland.

__________________________________
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