IS SWAZILAND READY FOR CHANGE?

Khulumani

Comment


Elections under a constitutional order
Is Swaziland ready for change?

By Comfort Mabuza

The Swazi nation is yet again presented with an opportunity to go to the polls before the end of this year, the first elections under the constitutional dispensation.

Whilst most vote seekers have already gone all out to campaign and position themselves for the forthcoming elections, others have indicated that there was no use to bother themselves about the whole exercise because it was a farce.

Others have even gone a step further to dismiss the constitution as one that entrenches the status quo and that the multi-party democracy ideals in Swaziland will never be realized in our time. They argue that the constitution has failed to usher a new dispensation as it falls far too short of international benchmarks on democracy.

I have stated before and will do so now that I have no political ambitions whatsoever under the present system, but somehow I stand and advocate for human rights. I am sold out to the noble idea that citizens of any given country should be availed with an opportunity to elect people of their own choice to lead them.

They should also be allowed to organize themselves and come with their own manifestos for such a programme. I am also convinced that whatever system that is in place should ensure that free political activity is guaranteed without intimidation. Is this possible in Swaziland?

The mere fact that political formations remain banned in Swaziland and that free political activity is not ensured means we are operating in the dark, and this is a mockery of the 21st century democracy ideals.

Those who have advocated for change from within the system have come out clearly to say that it is impossible to change the system from within.

Therefore, one wonders how can Swazis advocate and demand a new order in Swaziland with the status quo using every security measure to silence the voices of the masses? It goes without saying that ours is indeed the proverbial animal farm, where change is almost impossible, because some animals are better than others.

Ideally, Swazis should be embracing change without fear as it is part of the history of humankind. If truth be told you cannot suppress dissenting voices forever.

Civil society is equally guilty of not becoming more proactive and involved while there is still time. There is this tendency among civic society organizations of waiting for too long and then only to awake during the election year to try and educate the masses about meaningful change, transformation and democracy.

One is certain that the Tinkhundla system of governance as it stands needs transformation, because it tends to enshrine and enforce the status quo.

Imiphakatsi (chiefdom kraals) are the domain of the traditional leadership and there is no way free political activity will ever be guaranteed in rural communities under these chiefdoms.

An ordinary Swazi will not be free to enjoy his/her political conviction under a system that has been drugged for over 35 years into thinking that political parties are a foreign entity meant to destroy national unity and the future of the Swazis. Change cannot come easy under such a regime.

It will take a generation to uproot such an ideology that has become a core belief of the Swazi nation.

Well-targeted civic education is needed to instil new and progressive thinking among Swazis. But this cannot be done overnight and surely it cannot be done by such a fragmented civil society like ours. Our civil society needs to employ new tactics if we are to see any meaningful transformation and change in Swaziland.

Free Political Activity

If any meaningful transformation and change is to be realized in Swaziland, it is time that political parties are allowed to operate freely. Nobody benefits from the status quo where free political activity is non-existent in Swaziland.

In fact, the image of the country is continuously destroyed by the continued banning of the political formations. If constitutionalism is embraced then why is government afraid of declaring all political formations free?

I dare say that the forthcoming elections should be held under the multi-party system. The government cannot pride itself in the fact that there are no political prisoners in Swaziland when still those organized formations are finding it difficult to operate and organize themselves freely.

King and Queen Mother

It is prudent to elevate the monarchy to be above party politics. In fact, the monarchy should be seen as a unifying symbol rather than be drawn into politics. It should be freed from those who at times abuse the very institution for their own selfish gains.

The King, who is regarded as the father of the nation, should play that unifying role and political ideologies should be left in the hands of the very politicians who can then become dirty and fight it out amongst themselves.

It is unfortunate that the constitution has given all the powers to the monarchy and that alone is interpreted to mean that the King has so much power and control that he can be equated to a dictator. This is an unfortunate scenario when the King can play a much more fitting role being that of being a national unifying symbol.

The King is not a politician and, therefore, he should leave the political games to politicians.

Separation of powers

For any free political activity to thrive in any given democratic context there should be separation of powers between the three arms of government.

When speaking of separation of powers, one is actually advocating that Parliament should enact laws, which is its primary duty. There is no reason for MPs to be involved in developmental issues as is currently the issue.

The executive under the Prime Minister should be tasked with ensuring that the governance machinery of the country is operational and delivering. The third arm of government, which is the judiciary, should be free from manipulation and be totally independent to administer justice for all.

Swaziland needs to ensure that the separation of powers is guaranteed. No one person should amass supreme control over the three arms of governance because such could be concluded to mean dictatorship reigns supreme in this country. It is time for change and our people should be set free.

Freedom of the Press

The media has been referred to as the forth estate and, therefore, should be enabled to operate without interference and manipulation. It should be professionally run and avail platforms and opportunities to all citizens without fear or favour.

If for any reason the media is seen promoting only one ideology and supporting the status quo without being critical then it is not truthful to its mandate.

Professional bodies like a Media Complaints Commission [MCC] or Press Ombudsmen should be put in place to ensure media accountability and professionalism and respect for human dignity. No media should be abused for selfish ambitions. People should be given information in order to make decisions. The media should be seen contributing to good governance and accountability. This is only possible in a democratic dispensation that respects democratic ideals.

I hope civil society is ready to give guidance and direction to this anticipated new order. Are the masses ready for change? If not, then it means we as civil society are speaking in different tongues.

Unless we are availed with a grand Marshall plan meant to bring about meaningful change, we are destined for yet another hopeless five-year cycle of parliament that will continue to be a rubber stamp and a judicial system that is under the control and manipulation of a chosen few and a government that is dancing to the music of the monarchy.

How long will our Swaziland continue to be run like an animal farm where some animals are more equal than others?

Comfort Mabuza is National Director of MISA – Swaziland.

First published in Khulumani, the newsletter of the Media Institute of Southern Africa, Swaziland chapter, issue 11 (January – March 2008).

LEARN VITAL POLLING LESSONS

Khulumani

Comment

Vital lessons to learn from Kenya, Zim experiences

By Lomcebo Dlamini

In between the aftermath of the Kenyan elections and the holding of the much anticipated Zimbabwean harmonised elections, it is appropriate to consider what lessons these experiences and the governance issues they raise, may hold for Swaziland as we prepare -albeit belatedly - for the 2008 parliamentary elections.

A number of debates characterised political discourse in the country raising issues such as the following:

- the tinkhundla system of governance and its ability to deliver a truly
democratic dispensation;
- political power: its seemingly sole entrenchment in the office of the
- Monarchy and the implications of this on democracy;
- the illegality of political parties since 1973 and despite the provisions of
- the new Constitution as well as their ability and capacity to contest for
and effectively exercise political power within the current system;
- the varied positions of political formations and civil society groupings on
whether to advocate for participation or boycott of the 2008 elections;
- the role of the citizenry in participating freely in matters relating to their
self-determination and governance;
- the role of the legislature and the capacity of legislators to perform the
expected duties and responsibilities; and
- the relative political illiteracy of the populace and the need for civic
education

The national Constitution has raised the level of discussion of these matters due to some of its provisions which introduce some changes the situation that was governed by the 1973 King's Proclamation to the nation, whose provisions and enforcement are largely held responsible for diminishing civil liberties and creating a fear of political activism amongst the populace.

Amongst the significant changes introduced by the Constitution are the recognition of the freedoms of association, assembly and expression, the establishment of an Elections and Boundaries Commission; and the minimum quota of 30% women in Parliament and the procedures aimed at achieving this number.

Despite the commencement of the operation of the Constitution in 2006, to date, there has been no meaningful implementation of its provisions; those relating to the elections are no exception, despite the urgency of the situation.

The main question therefore is with respect to our preparedness to hold elections. In this regard, if one looks at the general expectation that parliamentary elections are usually held in October, and that according Section 134 (2) Subject to the provisions of subsections (3) and (7) Parliament, unless sooner dissolved shall stand dissolved five years less two months from the date of first meeting of the House following a general election...'the delay in the appointment of the Elections and Boundaries Commission will be to the detriment of the elections process. In addition, the legislation governing elections - namely, the 1992 Elections Order, Voter Registration Order and Establishment of Parliament Order - precedes the Constitution and therefore does not incorporate the changes introduced by the Constitution.

Further, it is important to appreciate that the conduct of elections is a complex process, involving intricate and extensive planning.

For instance, processes such as confirmation of inkhundla constituency boundaries, voter registration, the preparation of the voters' roll, the training and deployment of electoral officials to undertake the various activities required such as the nominations and voting for the primary (at chiefdom level) and secondary (at inkhundla level) elections at the various polling stations, and preparation of ballot papers are lengthy and require close attention in order to attain as much accuracy as possible and limit post-election conflict. Yet, none of these processes - including civic and voter education - has begun.

In fact, the nation presently knows nothing about the conduct of this year's election. There are speculations, but nothing official - except the appointment of the Elections and Boundaries Commission which itself has been a source of controversy - that has been released to the populace regarding this critical national issue. It will be difficult for the citizenry to engage with the process if it continues to be shrouded in silence.

Another of the main concerns that often accompany elections is that regarding whether an election was ‘free and fair’ - the meaning of which has been considerably debated.

However, regardless of how it is interpreted, it is important to realise that the notion of ‘free and fair’ should not be invoked only to pronounce on the atmosphere or political climate on the actual election day(s) but must be interrogated in a holistic manner, taking cognisance of all that leads up to those days in which Swazis cast their votes.

There has been various commentary on how the "free and fair" question cannot be applied to Swaziland because of the nature of the tinkhundla system of governance where, due to the individuality of the candidates, their allegiance to the King and the absence of mechanisms to ensure accountability, there really is no possibility of introducing changes to government, because while it may be new faces, government (and its policies and lack of power) remains the same creature.

Nonetheless, the reality is that it is the system that obtains and will govern the elections and therefore must be subjected to these questions of ‘freeness’ and ‘fairness’.

It is submitted that Swaziland's political history - characterized by the repercussions of the assumption of supreme political power by the former King Sobhuza II and inherited by King Mswati III which saw political upheaval, and the suppression of political dissent - cannot be ignored because its legacy has created a populace that seems apathetic to political engagement, an apathy that has been nourished by the experience of harsh recrimination of those who challenged the system and their labeling as ‘unSwazi’.

In a society such as ours, particularly if there is sincerity in the assertion that we are now in a new democratic dispensation, it is critical that there be extensive civic education - not just for purposes of the election, but also for purposes of empowering the citizenry on the meaning of being a citizen and the importance of citizen participation as part of governance if the ‘damage’ inflicted on the political awareness of the population over the past 34 years is to be undone and the expected "freeness and fairness" is to be attained.

Apart from the national obligations in accordance with the Constitution, Swaziland is also party to the SADC Declaration on the Principles and Guidelines Governing Democratic Election. According to the declaration, 'SADC Member States shall adhere to the following principles in the conduct of democratic elections:
i. Full participation of the citizens in the political process;
ii. Freedom of association;
iii. Political tolerance;
iv. Regular intervals for elections as provided for by the respective National Constitutions;
v. Equal opportunity for all political parties to access the state media;
vi. Equal opportunity to exercise the right to vote and be voted for;
vii. Independence of the Judiciary and impartiality of the electoral institutions; and
viii. Voter education.
ix. Acceptance and respect of the election results by political parties proclaimed to have been free and fair by the competent National Electoral Authorities in accordance with the law of the land.
x. Challenge of the election results as provided for in the law of the land.

Juxtaposing the above principles with the preceding discussion on the existing situation, it is submitted that Swaziland is already in violation of some of the principles and in danger of violating others if the situation is not adequately corrected.

For MISA, as an advocacy organization that aims to contribute to the greater exercise of democracy through promotion of the freedom of expression, in particular through the media, it is important to note that the media is critical in the electoral process.

It will be through the media - both print and electronic - that the large majority of citizens will obtain information about the elections - the preceding processes such as voter registration and the dates for the election.

It will be through media coverage that potential voters will know about the candidates contesting the elections. It will be again through the media that issues related to the elections are discussed, and clarified.

It will, therefore, be important that the media also be adequately prepared and capacitated to closely monitor the electoral process and give qualitative analyses on it. It is common cause that the media itself faces constraints and impediments in conducting its work under the current conditions where there remain a variety of restrictions - legal as well as socio-cultural - on its ability to do its work effectively.

Nonetheless, this period should provide an opportunity for the media to also expand its horizons in ensuring access to information and being a platform for discussion of issues of national importance. It is hence critical that media takes advantage of opportunities or capacity building in this area and also learns from the media coverage of the various electoral processes that have occurred in the region as well internationally.

As we consider the challenges confronting the country, it is also important to note the opportunities to change this situation where, and if they exist.

The reality is that these elections are being conducted in a climate where there is an absence of consensus as to the political system and the appropriate political direction of the country.

The question therefore arises as to how best to contribute towards change within this context: should one participate in the hope for incremental changes to the system or should one refrain and seek other alternatives?

The holding of the elections is inevitable and hence this is a question that each Swazi will have to ask herself or himself and regardless of the choice that is made, it will influence the political evolution of the country.

Lomcebo Dlamini is Chairperson – MISA Swaziland

First published in Khulumani, the newsletter of the Media Institute of Southern Africa, Swaziland chapter, issue 11 (January – March 2008).

SWAZI ELECTION ‘MAY NOT BE FAIR’

From Swazi Media Commentary http://www.swazimedia.blogspot.com/

Swaziland’s national election, due later this year (2008) may not be free and fair, according to a report in the Times of Swaziland.

This is because an Electoral Commission which is supposed to oversee the elections has not been created.

This delay in setting up the Commission might mean that it would not have enough time to carry out its duties before the election, which is expected to be held some time in October or November. This could mean that the election would not be free or fair.

The Times reported yesterday (Thursday 28 February 2008) on a forum jointly organised by the Swaziland Coalition of Concerned Civic Organisations (SCCCO) and the Media Institute of Southern Africa (MISA) Swaziland Chapter.

The Times reported Stephen Donaghy of SCCCO saying the Electoral Commission should have been in place last year, but this has not happened. The reason it was meant to be there in that time was because it had specific duties to carry out.

One of these duties was informing people on the process of vote casting. There was also a need to make sure enough polling stations were available for voting.

The Times reported that Donaghy ‘called upon the nation to unite and find a solution on how best the situation would be handled in light of the delay’.

I hope all the media in Swaziland heed that call. As I have written previously, after the last election in 2003 the media – especially the broadcast media – were criticised by official election observers for the poor way they informed people in Swaziland about the elections.

If the media were seeking a guide on what their roles could be during the run up to the election, they could do no better than to read the official report of one of the groups of observers, the Commonwealth Expert Team (CET), which was very critical of the way the last election in 2003 was run.

The CET expressed concern over the very few people in Swaziland who actually registered to vote. In about 85 percent of the registration centres the CET visited, it saw no people at all registering.

Discussing the possible reasons for this apathy, the CET stated:

‘It appears to us that the lack of public participation in the registration process was symptomatic of a wider public disengagement with electoral processes.

‘For instance, civil society organisations played no role in educating and mobilising voters to register and thus exercise their franchise. The provision of education on electoral rights and responsibilities seemed to be the preserve of the election management body and the chiefs at inkhundla level.

‘Nor were domestic observers from civil society involved in monitoring the integrity of the registration process. We were of the view that key stakeholders such as civil and political organisations needed to be brought into the electoral process so that they could play an active role in educating and mobilising the public to exercise their vote.

‘We were also of the opinion that public participation in democratic activity both at local and national level may increase if political parties, which currently have de facto existence, were given legal recognition.’

There is very little time before the election and a lot of work still needs to be done. Let the media mount an immediate campaign to ensure that everything is put in place on time to allow a free and fair election. Let’s not give Swaziland’s undemocratic ruling elite an excuse to postpone the election.

Link http://swazimedia.blogspot.com/2008/02/swazi-election-may-not-be-fair.html

First published 29 February 2008

SWAZI RADIO AND THE ELECTIONS

From Swazi Media Commentary

http://www.swazimedia.blogspot.com/

An Archbishop in Swaziland has criticised the way members of parliament (MPs) use the radio to ‘chat’ to their constituents, rather than going to see them and talk face to face.

He also said that the MPs talk about ‘non issues’ such as mourning the dead rather than about matters that affect the people who elected them.

The comments from Archbishop Jameson Mncina, head of the Efiliphi Church in Zion, were published in the Swazi Observer newspaper yesterday (Wednesday 20 February 2008).

The Observer reported the Archbishop saying that MPs rely on the national radio to ‘chat’ with their constituencies. He was referring to a series of programmes that recently started on the state-controlled Swaziland Broadcasting Information Service (SBIS) radio. Each MP is being given the chance to go on radio at 6.15 in the morning to talk about matters that interest them.

The Observer reported the Archbishop saying, ‘Instead of going to the people at the grass-roots level where they were elected, they now create a barrier by talking to the people over the radio. They no longer have contact with the people. How many people listen to the 6.15 morning programme?’

The Archbishop was further reported saying that after MPs were elected they were expected to return to the people and organise meetings with them rather than talk to them ‘through gadgets of mass communication’.

The Archbishop went on to criticise MPs for talking about ‘non issues’ such as food aid distribution and, he was reported saying, they mourn dead members of society ‘and they give a colourful picture of the effects of destitution’.

The Archbishop has a point if MPs are deliberately avoiding their constituents by going on the radio. A conscientious MP would both appear on radio and visit the grass roots.

But radio should not be ignored by MPs. Radio is a very important medium in a developing country such as Swaziland. Radio is by far the best way of getting messages out to the largest number of people in the kingdom.

Figures contained in the African Media Barometer – Swaziland 2007, published recently by the Media Institute of Southern Africa (MISA) Swaziland Chapter report estimate that SBIS, which has two channels, can reach about 95 percent of the population (of about one million people).

Radio is broadcast in the local language siSwati, as well as in English. This means that just about everyone in the kingdom can understand what is being broadcast. Unlike when reading newspapers, the listener does not have to be literate to understand what is being said on the radio.

The programme that includes MPs is a new programme and it is no coincidence that it has been started in the run up to Swaziland’s national elections which are due to take place later this year (2008). Sceptics might say that this is giving sitting MPs the chance to remind their constituents who they are so that they will vote for them again when the elections come.

SBIS should be congratulated for thinking about how it can give good coverage to the election. After the last election in 2003, SBIS received mixed responses over its coverage.

As I wrote before in a report on the way the election was conducted the Electoral Institute of Southern Africa praised SBIS for allowing all candidates to canvass in the airwaves for about five minutes.

However, the Commonwealth Expert Team (CET) in a report found broadcasting coverage of the election in Swaziland ‘disappointing’.

SBIS carried short items by the candidates early in the morning, but there was little news about the election and in the week up to the poll and the CET said it heard no discussion programmes or any other substantial coverage.

The CET also criticised radio coverage on the election day itself, because the fact that it was election day was not even mentioned on the early morning news.

The date of the election day in 2008 has yet to be announced, but it is widely expected to be in October or November. This gives SBIS time to organise coverage and to make sure that people in Swaziland get a proper chance to be educated about the election itself and also to hear from candidates and others about the main issues that people should be considering when choosing an MP.

To be truly useful to people in Swaziland at the time of the election, SBIS must provide air time to all candidates and allow them to be questioned by listeners. Radio phone-in shows could be a good way of doing this. SBIS must also choose a number of topics that are important to ordinary people in the kingdom and produce programmes around them. For example, programmes about health, education, water roads as well as the ever-present topic of corruption could be broadcast.

These programmes should allow people of all opinions (not just the ruling elite) to debate the topics and SBIS should not be afraid to allow dissenting voices (and not just the traditionalists) to be heard.

SBIS has a golden opportunity to prove to people in Swaziland - as well as to the listening world outside - that it is capable of behaving in the same way as radio stations in democratic countries.

Link http://swazimedia.blogspot.com/2008/02/swaziland-radio-and-elections.html

First published 21 February 2008