MBABANE—Parliamentarians can sleep easy knowing that the High Court has dismissed an application brought by the Swaziland Coalition of Concerned Civic Organisations (SCCCO) against the Elections and Boundaries Commission (EBC).
A High Court full bench consisting of Judges Stanley Maphalala, Qinisile Mabuza and Mabel Agyemang yesterday sat to give a final ruling on the urgent application brought by the Coalition to challenge the constitutionality of members of the EBC.
Judge Agyemang found that the points of law raised by the government were valid and must stand. She dismissed the Coalition’s application but ordered that each party pays its own costs.
However, Judge Agyemang found that the Coalition should win with regards to their fifth prayer, where they wanted the court to declare that the EBC and its members had no legal right or power to exclude or preclude persons or groups such as the Coalition from providing voter education to members of the public.
Judge Agyemang said they agreed that the Coalition’s application should be dismissed but said their reasons were not the same as those argued by the Attorney General.
She said because the Coalition was not a legal person, therefore the suit it had brought in its name must fail for lack of capacity.
"It is our view that the present suit cannot be maintained because same has been brought in the name and also on behalf of the Swaziland Coalition of Concerned Civic Organisation Trust, an organisation registered under Trust Deed as a charitable trust and which is thus not a citizen of the Kingdom of Swaziland as envisaged by the provisions of Section 2 (2) of the Constitution. We say this because it is our view that a ‘citizen’ as opposed to a ‘person’ must necessarily be a natural person who can enjoy and exercise civic groups and responsibilities such as exercising his franchise by voting, being entitled to hold a passport, amongst other things," reads Judge Agymang’s judgement in part.
She added that it was unfortunate that members of the Coalition had ceded their rights to challenge the EBC in their personal capacities but chose to use the Coalition, an organisation she said had no locus standi.
Judge Maphalala agreed with Judge Agyemang, leaving only Judge Mabuza to dissent on the merits of the matter. The judge said some of the allegations against the EBC contained in the Coalition’s founding affidavit were not factual. She said some of it were conjecture, while others were mere expressions of opinion.
Swaziland should look again at its constitution, this time ensuring that there is full consultation with the people, civic society and political organisations.
This s a major recommendation from the Commonwealth Expert Team (CET) members that were official observers of the elections in Swaziland in September.
The CET said that the elections were not entirely credible because the constitution banned political parties and members of parliament had few real powers.
In its report on the election, just published, the CET says revisiting the constitution is necessary to ‘ensure that Swaziland’s commitment to political pluralism is unequivocal’.
It says that review of the constitution ‘should be carried out through a process of full consultation with Swazi political organisations and civil society (possibly with the support of constitutional experts).’
The CET went on to say that the election was not credible, even though a new constitution has been introduced in Swaziland since the last election in 2003.
The CET states, ‘Swaziland has now adopted a new Constitution, which affords the nation an opportunity to make democratic progress. The real challenge is to gain the confidence of the democratic dispensation with an entrenched bill of rights, as is expected of Swaziland in accordance with Commonwealth principles and declarations.’
It added, ‘We also noted our serious concerns on the inherent inconsistencies and contradictions, particularly as they relate to the separation of powers (or lack thereof) and the rule of law. We also expressed our deep concern for the inconsistency and contradictions as they relate to the interpretation of the fundamental right of freedom of association and assembly, where political parties are denied formal recognition, so that they do not have the right to carry out activities which political parties would normally conduct in a multi-party democracy.
‘We believe that the Monarchy and a multi-party democracy are not mutually exclusive, and that a mechanism should be found to insulate the Monarchy from the turbulence of politics.
It goes on, ‘In the modern world, which is complex and constantly evolving, a multi-party democratic system has proved to be the best one for accommodating diversity and well-treasured norms in society. Practical experience has shown that institutions which have been marginalised have suffered. Confidence in the institutional framework to promote a vibrant electorate is vital, as a conscientious, well informed electorate is critical in this day and age. In any country the prevailing political environment influences all aspects of life including social and economic conditions for its citizens. One of the major areas it affects is the constitutional and legislative framework governing electoral processes.’
According to a report from the South Africa Broadcasting Corporation, the Swazi government has declined to comment on the report until it has had a chance to study it fully.
This is a standard response from the Swazi ruling elite to any criticism it receives from the international community. In practice, the government never responds (think of all those criticisms earlier this year and last about the poor governance in Swaziland).
The government thinks it can ignore these findings. It can’t. It is up to democrats to keep pushing the point that Swaziland’s ‘unique’ democracy stands condemned and it must change.
Regional election observers to the recent parliamentary polls in Swaziland have praised the conduct of the elections and the high voter turnout.
The Southern African Development Community (SADC) Election Observer Mission (SEOM) described the 19 September elections as "free, peaceful, transparent and credible."
SEOM praised the "high turnout and gender equity in the electoral process," adding that there was a peaceful atmosphere and a high level of political tolerance.
The SEOM, headed by Mozambique's Minister for Diplomatic Affairs, Francisco Madeira, said that the elections reflected the will of the Swazi people.
"The mission is . pleased to congratulate the people of the Kingdom of Swaziland for the lesson of civility, good behaviour, mutual tolerance and, above all, for the tremendous efforts to reach the perfection as they embark on their gradual and challenging road for the entrenchment of democracy," Madeira said.
The SEOM praised the new Constitution (enacted in 2005) and other laws and regulations governing the electoral process in Swaziland, saying these fully comply with SADC Principles and Guidelines Governing Democratic Elections.
The regional mission made some observations about Swaziland's unique electoral system, noting that the electoral system is "unique in the sense that it is based on a community censored individual merit and unfolds in two tiers, the first of which SADC was not involved in because it was regarded as primary, and the second and final which SADC has just witnessed."
The SEOM added, "The voter's roll is also unique as it uses the Optimum Mark Recognition (OMR). This prevents potential double voting and non-existent voters."
The OMR is a system used during voter registration, where a voter identification card bearing a unique voter identification number is issued as proof of registration. The unique identifier can be used to facilitate future updates to the register.
The SEOM was dispatched on the leadership of Mozambique as current Deputy Chairperson of the SADC Organ on Politics, Defence and Security Cooperation. Swaziland chairs the Organ.
SADC sent a 30-member observer mission which was deployed a week before the elections and covered all provinces.
The mission noted that the vote counting was transparent as the candidates and their agents, foreign and local observers, witnessed the process.
The Pan-African Parliament (PAP) observer team said the elections were carried out within the legal framework of elections in Swaziland.
Candidates and voters were able to participate in the election in an atmosphere of peace and calm. The presence of police officers at polling centres was commendable as they kept law and order without any intimidation, according to a statement by PAP.
Head of PAP mission, Mary Mugyeny, who is also a Ugandan legislator, congratulated all stakeholders for their respective roles in the process.
"On election day, voting stations opened on time and the mission observed that operations within the stations were carried out efficiently and professionally by a sufficient number of polling staff," Mugyeny said.
She said in the areas covered by PAP observers, there were no incidences of "party agents disagreeing with the outcome of the counting and verification of the ballots and number of votes."
Mugyeny said the PAP findings were that the elections were conducted efficiently in a secure environment, and hailed the Swazi government for ensuring a 30 percent representation of women in the parliament.
PAP commended the use of the electronic voter's card and photographs in the voter's roll, which it said promoted transparency.
"Overall, the elections were free and fair," said the PAP mission, citing "a few small problems that need to be rectified in future elections."
PAP noted the problem of political parties, which were not permitted to contest in the elections. The Mission said these problems infringed on the rights of those citizens wishing to participate in elections through political parties and does not meet regional and international standards and principles for democratic elections.
Both missions urged all political parties and individuals to respect the will of the people and reminded that all concerns should be addressed in line with the laws of the country.
"The PAP Observer Mission would like to call upon all political stakeholders and peace-loving Swazis to accept and respect the outcome of the elections, since they are a culmination of the democratic process which is a reflection of the political will of the Swazi people," said the PAP statement.
The polls in Swaziland marked the third parliamentary elections in the region this year following those in Zimbabwe in March and Angola in September.
Swazis take a stand against king's political repression
By Eugene Puryear
Struggle against monarchy challenges foreign domination
The September parliamentary elections in Swaziland injected new energy into the political struggle against the country’s absolutist monarchy.
The elections—the first since a new constitution was put in place in 2005—have been widely denounced as a sham. Political parties are outlawed and candidates can only run as independents. Banned parties and organizations are engaged in a struggle against the absolutist monarchy and political repression.
Former South African anti-apartheid activist Jack Govender was laid to rest on Oct. 5. He and a Swazi activist died when their car exploded days earlier under a bridge in Swaziland. Around 1,000 people attended the funeral for Govender, a founding member of the Swaziland Solidarity Network.
The monarchy claims they were "terrorist bombers" and has turned the incident into a pretext to strengthen police deployments, but others are skeptical of the official version. "We reject the notion that they killed themselves," said SSN spokesman Lucky Lukhele. "Between them, they had a lot of experience. We demand answers, and we will leave no stone unturned to seek the truth behind their untimely deaths." (The Times, Oct. 5)
Opposition forces point out that the incident only highlights mass dissatisfaction and frustration with a repressive monarchy that suffocates peaceful and legitimate forms of political expression.
Swaziland, with a population of just over 1 million people, is a tiny, mountainous and landlocked country surrounded by South Africa and Mozambique. It is one of the last absolute monarchies left on earth, with total power resting in the hands of the royal family. King Mswati III, ruler of the country since 1986, owns 60 percent of the land, with much of the remaining 40 percent controlled by his minions. The royal family plays the leading role in most economic activity.
In sharp contrast to the king’s lavish lifestyle, around 69 percent of the population lives in poverty. Most of those in rural areas are frequently ravaged by natural disaster, which creates widespread hunger. The International Monetary Fund reports that at least 25 percent of the population requires some sort of food assistance.
The majority of Swazis rely on subsistence agriculture to survive. The country has a vigorous sugar export industry, and the export of concentrate used in soft drinks is the country’s main export. King Mswati often travels to Atlanta to meet with top Coca-Cola executives at the company’s headquarters.
Swaziland is a textbook example of neocolonialism. National industry is wholly oriented toward foreign corporations. King Mswati welcomed the U.S. African Growth and Opportunity Act, claiming it would enrich Swaziland by providing preferential treatment for Swazi products. Instead, with the blessing of the U.S. government, the king opened up the country to corporations from Taiwan. Factories that pay low wages were built, with some workers reportedly making as little as $19 a week.
Those companies market the products in the United States as made in Swaziland. Instead of benefiting the Swazi people, Taiwanese capitalists and U.S. corporations like Wal-Mart make enormous profits off the super-exploitation of the local population.
While foreign corporations reap astronomical profits, little is being done to address the needs of the population. Swaziland has one the highest rate of HIV/AIDS in the world with 38.6 percent of the population infected. As a result, life expectancy has dropped to 39 years.
The response of the royal family to the crisis has been woefully inadequate. While the first case was documented in 1986, it was not until 1999 that the king declared the epidemic a national emergency. In 2001, he decreed a 5-year period of abstinence for females under the age of 18 as the response to the epidemic that would kill 13,000 people that year.
Swazi people fight back
King Mswati III relies on his own cynical manipulation of "traditional" culture to maintain his rule. This has resulted in acute oppression of Swazi women. The prime minister was quoted by the Inter Press Service News Agency as saying, "Even when women are aggrieved, according to our culture, men have to speak on their behalf."
On Aug. 27, however, around 1,000 Swazi women challenged King Mswati in the capital of Mbabane by protesting the ostentatious lifestyle of the royal family while the average Swazi lives in abject poverty amidst deteriorating social services.
The protest was sparked by an expensive shopping spree in Dubai for the king’s 13 wives. The wives were accompanied by a large retinue and flown in a private jet to the Middle Eastern kingdom to buy items in preparations for the king’s birthday celebration.
Swazi activists highlighted the fact that the trip cost an estimated $4 million, while the average Swazi lives on around 50 cents a day. The protesters marched to the Finance Ministry demanding government action.
On Sept. 3 and 4, anger boiled over again in the largest demonstrations Swaziland has ever seen. Led by the Swaziland Federation of Trade Unions, at least 10,000 people marched in the capital, Mbabane, demanding democratic rights and protesting the upcoming sham elections. Organizers announced a road blockade for Sept. 18—the day before the scheduled elections. In response, the monarchy jailed a number of pro-democracy activists, thwarting the civil disobedience action.
It is absolutely critical that those opposed to imperialism in the United States stand with the Swazi people as they fight foreign oppression. The struggles of small African nations to free themselves from neocolonial bondage are often overlooked. We must do all we can to popularize and support the resistance of the Swazi people in their struggle to pursue development free of reactionary regimes that collaborate with imperialism.
Lobamba Lomdzala’s new MP elect Marwick Khumalo, who for two terms was Lobamba MP says there was no collusion between himself and former MP S’gayoyo Magongo that they would swap constituencies.
Interviewed this week after his election into the position of MP under Lobamba Lomdzala, Khumalo said when Magongo announced that he would now stand for nomination under the Mayiwane Inkhundla in the middle of his term, he (Khumalo) was out of the country and was as shocked as everybody else about his colleague’s move.
In fact, Magongo followed his dream, deserted the people of Lobamba Lomdzala but failed in the primary elections at his new constituency.
Khumalo said Magongo never hinted to him about his plans and probably he could have advised him against announcing his decision so early in the middle of his term.
“I told him as much that what he had done was political suicide to announce changing camps in the middle of your term of office. You don’t do that. He acknowledged his mistake, but it was already water under the bridge. We have tried to apologise.
“The people of Lobamba Lomdzala were disappointed by his move, more-so because they had approached me back in 2003 to be their MP. At the time I declined because I had already committed myself to continue serving my last term at Lobamba. I then approached Magongo, who is also a homeboy of the area, if he was interested to stand, he was quite happy to stand and they supported him greatly,” he said.
About his change of camps, Khumalo said back in 2003 he was approached by his father (Nkomnophondo) after being persuaded by people of Lobamba Lomdzala to get him come back home and develop the area.
“He advised me to go and meet them. I did went to Mahlanya and scores of people came over and expressed their interest to have me back, but I told them then that I was not ready because there were still projects that I was yet to complete at Lobamba. It was not the right time then. I told them that I was aware that there was someone interested to come in and that was Magongo,” he said.
Khumalo said when his term elapsed at Lobamba he was lobbying to get a Senator seat and had not told himself about running for election until the people of Lobamba Lomdzaba renewed their interest to have him stand for nomination.
“I was of the view that I was to have a rest at Senate. But people persistence forced me to take their offer, after all, I am from Lobamba Lomdzaba, where I have a home,” he said.
Khumalo said he leaves Lobamba happy because he has achieved his goals and bide them farewell by visiting all the five imiphakatsi.
“I owe a lot of gratitude of Lobamba for the investment they did to me. Today I am know all over the world politically, through them. Even if I was not going to nominated at Lobamba Lomdzala, I wouldn’t have stood for a third term,” he said.
Today, Khumalo is replaced at Lobamba by his younger brother Majahondvwa.
“I never did him any favour to win, despite for brotherly support. He has been in the game longer than I am, and I hope he has learnt a lot working with people,” he said.
He said to run for the MP position was his choice and happy that he (Majahodvwa) won.
Khumalo said he encouraged all his people, bucopho and Indvuna yenkhundla to take a shot at the election and they did, but only for his brother to win.
EBC needed time
The Elections and Boundaries Commission (EBC) needed time to adapt to its new environment, Lobamba Lomdzala MP elect Marwick Khumalo said.
He said the commission was working against time.
“They are very new in the process. They needed time to be trained, in order to get in depth understanding of the process of election management,” he said.
….Laws now inconsistent with the Constitution
Khumalo said the biggest challenge of the new government is to amend all the existing laws that are now inconsistent with the Constitution.
He said for example, the Elections Order says the number of people to second a nomination should be 15, yet the Constitution talks of 10 people.
“The Constitution further says that if a person has stayed in an area for three months or associated with that area can be eligible to vote or voted. This why we have cases like that of DJ Nice (Mandla Dlamini) which are raised out of ignorance of the Constitution,” he said.
Khumalo said the laws need to be re-aligned to the Constitution and this is not the problem of the EBC.
“Look, this Constitution needs to be improved. For instance, the position of Indvuna Yenkhundla is weakened. According to the Constitution, it is now Bucopho that forms the Regional Council and they have the power to pass a vote of no confidence to the Regional Administrator
“Whilst the Constitution clearly defines the roles and functions of Bucopho and MP, it only mentions Indvuna Yenkhundla once and does not confer any other duties than just chairing the Inkhundla meeting. This is a serious flaw of our Constitution in terms of the political structure,” he said.
Parliament will never mature
The sad story to this thing is that the political system in this country will never mature.
“The level of continuation is very much lacking, because every five years you bring new people. By the time they start to understand their intricacies of how Parliament operates, they are gone. This is where as media you start saying where have they been all along to raise pertinent issues that late. It is not because they have been doing nothing, they were lost in terms of understanding what is required of them. Unfortunately, by that time it is late, they are going back to the election and a number of them are lost,” he said.
Khumalo said this game requires people to understand what it means.
“What helped me most was that for eight and half years I have been a Parliamentary reporter and I got to master the Parliamentary operations. So when I got in, there was nothing new for me to learn or culture shock,” Khumalo noted.
He said those who lost out were going to add value had they returned.
“However, having said that, there are those who became so occupied with their Parliamentary business to the point that they lost touch with the electorate. Once you do that, then you are history, because you cannot be in this game, if you don’t keep in touch with your people’s developmental needs.
“I am yet to see a political party that does not have a developmental agenda in the whole world. Any political party has a developmental agenda and this is not unique to us. Once you lose the people and tell yourself that you will worry with legislating laws, then you are history,” Khumalo said.
He said people’s welfare needs to be of paramount importance to any legislator, be it shelter, water, healthcare, access roads and food.
“Look what is happening with the ANC in South Africa, they are going to the national elections next year and they don’t talk about making laws, but they are saying what they will do to address the needs of their people.
“You can have the best laws and policies, but if they fail to deliver on the fundamental people’s needs, you are out.
“They have re-called President (Thabo) Mbeki, not because he has failed to put in place sound laws, but because they feel people’s needs are still not met,” he said.
Barnabas was the best thing for me as PM – Marwick
“I will never be excited by the appointment of a Prime Minister as I was in 1996 when Sibusiso Dlamini was appointed. I had total confidence in him, and very happy that at last we have got someone like him in this position.
“I had been impressed by his record as Finance minister and thought he would transfer his skills into his new position,” Khumalo said.
He said there were others like Prince Makhosini, even though he was still a young boy to recall his achievements and was a teenager when Prince Maphevu was still in charge.
“By the way I relate very well with A.T. Dlamini (recent past PM), but the person I was thrilled to see occupying that seat was Barnabas. So I was disappointed from that time to this day. Whoever now comes in, I now take it with a pinch of salt. I admired him whilst still at finance and I thought he was so dynamic and based on that I was excited with his appointment. I said finally the country has got the right man for the job.
“I don’t think I will ever have that happiness, joy, excitement – I will ever have that again,” he said.
Khumalo said he has been indifferent thereafter, what he had seen as finance was never transferred that into his PM position.
Power of recall
Khumalo said the previous Parliament rejected the clause on the power of the electorate to recall its member on the basis that the law was not fair.
He said the law or the clause seem to have been only directed to elected members of Parliament.
“What about the Senators and the appointed MPs. Would the appointing authority exercise the same right as the electorate if he was not happy with his appointees?
“In fact, would Parliament, which appoints the 10 Senators exercise that right when it feels that its appointees were not performing? So that was the big issue, nothing more,” he said.
However, Khumalo cautioned that such power would create chaos in the country, because the moment an MP has been elected, the losers gang up against him/her and want to see that person fail immediately.
“Given the so many court challenges and bitterness of some of the losers, what kind of Parliament would we have if that authority is exercised by the electorate,” he wondered.
Khumalo said whatever standards and guidelines can be put in place, it can never work.
MPs welfare created pandemonium for seats
The improvement of Parliamentarians welfare is the major reason why so many people now want to become MPs.
“At the time we did it, we were castigated, but now all of sudden wants to benefit from it. In any case, our welfare is nothing or a small adjustments, now talking copmparatively with what I have seen in other countries. In Kenya, you can’t touch them with their welfare. Our MPs still drive long hours night and day going to Parliament, at a risk of losing their own lives. We still don’t have houses for MPs around Lobamba where they can put like it is the case in Botswana, South Africa ad other countries.
