Swaziland - 2008 Elections
Citizens could not change their government peacefully, and political parties were banned. The king retains ultimate executive and legislative authority; parliament has limited authority. Legislation passed by parliament requires the king's consent to become law. Under the constitution, the king selects the prime minister, the cabinet, two-thirds of the Senate, many senior civil servants, the chief justice and other justices of the superior courts, members of commissions established by the constitution, and the heads of government offices. On the advice of the prime minister, the king appoints the cabinet from among members of parliament. The constitution states that the king is required to consult with others (usually a traditional council) before exercising a major decision; however, he is not required to accept their advice.
On 19 September 2007, parliamentary elections were held, the first since the constitution went into effect in 2006; the king appointed a new government in October. International observers concluded that the elections did not meet international standards. Political parties were not allowed to register or sponsor candidates; ballots were cast in secrecy but could be traced by registration number back to voters; some ballot boxes were not properly protected; and accusations of bribery occurred. There were widespread reports that citizens were advised that if they did not register to vote, they would no longer receive government services.
The constitution provides that the five members of the Electoral and Boundaries Commission (EBC) be chosen by the king on the recommendation of the Judicial Services Commission; EBC commissioners serve for 12 years and draw district boundaries, commission civic education and voter registration programs, and publish postelection reports. After the five members were selected in March, the National Constitution Assembly, Swaziland National Association of Teachers, Swaziland Federation of Labor, Swaziland Federation of Trade Unions (SFTU), Ngwane National Liberation Congress, and PUDEMO collectively sued the EBC on the grounds that its composition did not reflect diverse societal groupings in the country, including political organizations. One judge on the High Court, and the person named to replace her, recused themselves without explanation. On September 17, the High Court ruled that there was no legal requirement for the EBC to include all types of groups.
In July 2007 the Swaziland Coalition of Concerned Civic Organizations also filed suit against the EBC, claiming the commission did not meet the constitutional requirements for independence and relevant qualifications. The High Court heard the case on November 12 but had not issued a verdict by year's end. In 2007 the High Court rejected a petition by the National Constituency Assembly (NCA), a group of civic associations, to declare the constitution null and void since the drafting process did not include extensive consultation with citizens, as required by the 1973 Emergency Decree. Despite plans to do so, the NCA had not appealed the 2007 court decision by year's end.
When the new constitution took effect, the 1973 decree that banned political parties lapsed; the constitution provides for freedom of association but does not address political parties. In 2006 the minister of justice and constitutional affairs stated that political organizations could hold meetings at "tinkhundla" (local government) centers if they obtained permission from the regional administrator and allowed a police officer to attend the meeting. However, political and civic organizations reported problems with traditional authorities when they requested permission to meet.
During the year the government harassed and arrested opposition members. On July 5, police arrested four PUDEMO members during a rally organized to commemorate PUDEMO's 25th anniversary; the members were charged with malicious damage to property. A police officer pointed a gun at PUDEMO secretary Sphasha Dlamini and demanded that she hand over her camera, after which police deleted all photos of the day's event, including those documenting police harassment.
Chiefs are custodians of traditional law and custom and are responsible for the day-to-day running of their chiefdoms and for maintaining law and order. Chiefs act as overseers or guardians of families within the communities. They are an integral part of society and traditionally report directly to the king. Local custom mandates that chieftaincy is hereditary. However, the constitution, while recognizing that chieftaincy is "usually hereditary and is regulated by Swazi law and custom," also states that the king "can appoint any person to be chief over any area." As a result, many chieftaincies were nonhereditary appointments, which provoked land disputes, especially at the time of burials.
The constitution provides that 55 of the 65 members of the House of Assembly be popularly contested and that the king appoint the remaining 10 members; five of the 10 must be women, and the other five must represent "interests, including marginalized groups not already adequately represented in the House." If women do not constitute one-third of the 65 members of the House, the constitution provides for the inclusion of one woman from each of the four regions, nominated by the elected house members from that region. Despite these constitutional requirements, by year's end the king had appointed two women, rather than five, and the House had not appointed any of the four female regional representatives by year's end.
The king appoints 20 members of the 30-seat Senate, and the House of Assembly elects the other 10. The new constitution provides that eight of the king's nominees and five of the House of Assembly's nominees be women. The constitution also states that candidates for public office must compete on their individual merit, thereby blocking competition based on political party affiliation. Despite these constitutional requirements, by year's end the king had appointed seven women as senators, rather than eight, and another five female senators were elected by House members. By year's end, women constituted 20 percent, rather than the mandatory 30 percent, of parliamentary seats. The king also appointed five women as ministers.
Widows in mourning (for periods that can vary from one to three years) were prevented from appearing in certain public places and in close proximity to the king. As a result, widows were effectively excluded from voting or running for office.
There were no ethnic minorities in the government. The constitution provides that other appointees should represent "interests, including marginalized groups not already adequately represented in the House." However, most officials were from the royal Dlamini family.
The 19 September 2007 explosion of a bomb, which detonated early and killed two of the suspected instigators, was the catalyst for King Mswati's decision to make fighting terrorism his number one concern. On October 16, the king announced Barnabas Dlamini as the new prime minister, denounced terrorism, and said any necessary means should be used to stop it. He warned progressive organizations that they would be dealt with accordingly. On November 14, Prime Minister Dlamini issued a declaration designating PUDEMO, SSN, SYC, and the SPLA as "specified entities" under the Suppression of Terrorism Act. Persons found associating with any of the organizations faced prison terms of 25 years to life.
The constitution provides for freedom of association, but the government severely restricted this right during the year. The constitution does not address the formation or role of political parties, and a 2006 High Court appeal to the 1973 ban on political parties had not been heard by year's end. However, in a September affidavit, the former prime minister reiterated that political parties were banned, and on November 14, Prime Minister Dlamini issued an official declaration designating PUDEMO, SSN, SWAYOCO, and UMBANE as "specified entities" under the Suppression of Terrorism Act. The act, which was implemented following the September 19 detonation of a bomb near King Mswati's palace, provides that persons or groups found associating with any of the four illegal groups can be sentenced to prison terms of 25 years to life. According to the attorney general, persons or groups that abet, aid, sympathize with, shelter, or provide logistical support to these organizations invite the "wrath of the law."
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