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KING NOT AN ABSOLUTE MONARCH - GOVT

28/04/2024 18:35:00 Mfanukhona Nkambule

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MBABANE – Government has disputed the notion that His Majesty King Mswati III is an absolute Monarch.

This is because the roles of the King, Queen Mother and traditional structures, as well as the Legislature, Executive, Judiciary and other constitutional structures are clearly articulated in the Constitution, which is the supreme law of the land. “His Majesty is not an absolute Monarch,” stated government in its report and letter to the EU Parliament. The letter was addressed to the EU Parliament President Roberta Metsola. Government told the EU Parliament that the narrative that the King is an absolute Monarch was developed in the 1980s and takes no account of the far-reaching changes introduced by the enactment of the Constitution of 2005. The EU Parliament heard that the Constitution of the Kingdom of Eswatini provided for a Parliament in which a majority of the members are elected by the people.

It is stated in the State’s report that the supreme law also provides for the separation of powers, protection of fundamental human rights and the rule of law. In terms of the Constitution, government explained to the EU Parliament that activists with political aspirations are expected to stand for election in their constituencies and win their support to take part in a democratic process in Parliament, rather than competing for power through violent conflict. “In this regard, it is necessary to dispel some of the myths perpetuated by political activists,” stated government in the report. Government explained to the EU Parliament that the Kingdom of Eswatini was a British protectorate, which received its independence in 1968.

referendum

Before The Kingdom of Eswatini received its independence in 1968, the State mentioned that a referendum was held among the people to determine its political future. Government said the options put before the people were:
* Multiparty democracy advocated by the existing colonial powers;
* King-in Council under traditional law and custom.

It is mentioned in the government report that the referendum resulted in approximately 99 per cent of emaSwati voting in favour of the authority of the King-in Council leaving less than one per cent of the population in favour of multiparty democracy. Despite these results, government said a Constitution with a multiparty system was imposed on the people. Eswatini also explained to the European Union Parliament that members of both Houses of Parliament met at a joint session in 1973 and unanimously resolved to respect the majority decision of the people by revoking the foreign Constitution and its system of governance. The State said the MPs of that time resolved to restore the authority of the King in Council under Swazi Law and Custom. This was implemented through what became known as the 1973 Decree, explained government.

In 1978, under the leadership of His Majesty King Sobhuza II, in close consultation with the nation through the involvement of all sectors of society including traditional structures, government said Eswatini established the current system known as Tinkhundla. It said the Tinkhundla System of Government is democratic and participatory-based, as it emphasises the devolution of State power from central government to constituencies known as Tinkhundla. European Union Parliament heard that individual merit is a basis for election and appointment into public office. “It is a system based on direct representation by which elected officials are directly accountable to the people who elected them,” reads the report. The State said His Majesty King Mswati III ascended the Throne in 1986 and under his leadership in close consultation with the people through national dialogue, various initiatives have been introduced.
These include:
* 1992 Tinkhundla Review Commission;
* 1996 Constitutional Review Commission;
* 2002 Constitutional Drafting Committee;
* 2003 Draft Constitution for Public Review and Comment;
* 2004 Swaziland Constitution Bill; and 2005 Swaziland Constitution.

Eswatini stated in the report that the then Constitutional Review Commission consisted of members drawn from all sectors of society. It followed an all-inclusive process reaching out to all sectors of the population with the assistance of the international community led by the Commonwealth and the United Nations. Contrary to popular belief, government stated that the King and Ngwenyama of the kingdoms’ reign and exercise of executive power are enshrined in Chapter II of the Constitution, which names him the Head of State and Commander-in-Chief of the Armed Forces. Giving an account of the civil unrest, the State said the Kingdom of Eswatini has been in the political spotlight since May 2021. Government said protests besieged the kingdom initially premised on the election of a prime minister as well as various allegations of a breach of civil rights. “The recent death of renowned human right lawyer Mr. Thulani Maseko and various other killings have also recently increased scrutiny on the disturbances,” it is stated in the report. “In the first instance, it is important to underscore that the Constitution of the Kingdom of Eswatini prescribes the conditions of all elections and appointments of Members of Parliament and, subsequently, the Cabinet.”

Government mentioned that the Constitution also provided conditions for initiating constitutional reforms. “Calls to elect rather than appoint a prime minister ostensibly premised on accountability measures that some felt were not adequate were used as rallying calls to push for constitutional change,” reads the report. “In this regard, reform protagonists have been duly referred to the provisions of the Constitution and how that process is to be undertaken.” Added government: “The parliamentary procedures related to the amendment of the Constitution include the introduction of a Member’s Bill that expresses succinctly the description and definition of the action. This is then followed by a joint sitting of both the Houses of Assembly and Senate convened for a resolution that requires a two thirds majority.”

referendum

“If the 2/3 majority is obtained, the amendment is taken to the people for a referendum and passes on the simple majority rule.” The European Parliament was told that these conditions apply to amendments of entrenched outlined in Section (s) 246 and 247 of the Constitution Act (2005). As the fundamental law of the land stipulates, the Government of the Kingdom of Eswatini assured the EP that it was committed to undertaking these processes, provided all the steps were to be followed to the letter. “As emaSwati, we have always been proud of being a peaceful, friendly, and respectful nation, but our way of life is under threat,” reads the Eswatini Government report. “Although Eswatini has experienced strikes and protest action which has escalated into violence over the years, the violence and unrest that occurred in June 2021 were unprecedented.” Government also talked about the assassination of Thulani Maseko.
It said his demise was a great loss to the nation. “The Government of the Kingdom of Eswatini has nothing to gain from the death of such a highly-respected, experienced, and renowned human rights lawyer and political leader who advocated for dialogue to bring about peaceful change at a time while we need everything in our power to enter into a peaceful dialogue against all odds.”

The government said it was committed to ensuring that the killing of Maseko was swiftly, transparently and comprehensively investigated and that any or all persons responsible for committing this heinous crime ‘are brought to justice’. The Kingdom of Eswatini was pleased to be able to report to the European Union (EU) Parliament that it has been enjoying sustained peace and stability. In recent months, the State said it has hosted a number of international festivals, summits and meetings. “We also have a full programme of events and activities planned out for the upcoming months,” government stated. In respect to some of the security issues that the country have had in the recent past, government was pleased to announce that most of these appeared to have been curtailed. Government stated that the majority of those who were killing emaSwati, including members of security forces and traditional authorities, have been apprehended and ‘are behind bars’.

“We are also aware of some others who perpetrated violence who have sought refuge in neighbouring countries. While in those countries, they have continued to promote hate speech and seek to perpetuate the violence that they had been instrumental in,” according to government. Our ongoing investigations into the violence and aggressive disinformation campaign that beset our country and sub-region in July 2021, and the subsequent killings, including those of high-profile individuals and designed to destabilise Eswatini have uncovered the identity of the people behind the campaign.” Government said it was a proscribed entity that was continuing to operate from, and find refuge in, one of the neighbouring countries.