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GOVT UNBANNING POLITICAL PARTIES?

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MBABANE – Fifty-three years ago, the multiparty system of governance was banned in Swaziland through a Decree issued by King Sobhuza II but now a proposed new law seeks to unban political parties - officially.


However, these entities would be subject to the control of National Commissioner of Police, a post currently held by Isaac Magagula, city councils, town councils/boards and regional administration.
This is contained in the Public Order Bill of 2016, which was before Senate this week.  The proposed law seeks to repeal the Public Order Act of 1963, which is one of the legislations which forced the United States of America to remove the country from the duty-free African Growth and Opportunity Act (AGOA) last year.


The national commissioner and others have the right to say ‘Yes or No’ to an intended gathering at any public place organised by 15 or more people discussing an issue related to the principles or policies of a political party or government.
Unlike the Constitution of the Kingdom of Swaziland, the Public Order Bill is specific on the issue of political parties. The Constitution does not mention political parties. It only refers to freedom of association.
Freedom of association has all along been interpreted by local political commentators to include, among others, political parties.


Political parties are mentioned in Part One, Section 2 (1) of the Public Order Bill. It reads: “Gathering means any assembly, concourse or procession of 15 or more people in a public place – at which the principles, policy, actions or failure to act of a government, political party or political organisation, whether or not that party or organisation is registered in terms of any applicable law are discussed, attacked, criticised, promoted or propagated; or convened or held to form pressure groups, to hand over petitions to any persons, or to mobilise or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person or body of persons or institution, including any government, administration or government institution.”
According to the Bill, the political parties or organisations cannot just hold a gathering willy-nilly. They have to get permission from the police and local authority, which include the city councils and town councils/boards.


There are two cities in the country – Mbabane and Manzini, and several town councils which include but are not limited to Siteki, Ezulwini, Matsapha, Pigg’s Peak, Nhlangano, Lavumisa, Mankayane, Ngwenya, Vuvulane and Malkerns. 
The national commissioner and the local authority, have the right to prohibit an intended gathering. “The NatCom (National Commissioner) may, subject to subsection (3) and (4) prohibit an intended gathering whether or not such gathering is in compliance with this Act, if the NatCom, has reason to believe that the gathering will endanger the maintenance of public order and public safety,” reads Section 9 (2).


The same powers to outlaw a gathering have been given to the local authority: “A local authority may, subject to subsection 3 and 4 prohibit an intended gathering whether or not such gathering is in compliance with this Act, if the local authority has reason to believe that the gathering will – (a) endanger the maintenance of public order, public safety or public health (b) unduly restrict the rights and freedoms of those who live, work, shop, trade and carry on business in the locality.”

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