The Final Report of the Constitutional Review Commission, 2001

The Constitutional Review Commission (CRC) was established by the Ngwenyama, King Mswati III, pursuant to a recommendation by the Tinkhundla Review Commission which was chaired by HRH Prince Mahlalengangeni. His Majesty started by establishing a Commission which was led by HRH Prince Masitsela which was instructed to ask a general question to the people of Swaziland to ascertain the political direction which they wanted the Kingdom to follow. The establishment of the Commissions referred to above signalled a turning point in the history of Swaziland as the citizens of the Kingdom were, for the first time, given the opportunity to shape their political destiny.

Whilst the Vusela Commission was general in nature encompassing all facets of life both political and socio-economic, the Mahlalengangeni Commission and the CRC were political in nature, and directed at constitutional reforms.

Whereas the Tinkhundla Review Commission concentrated on the legislative arm of government, the Constitutional Review Commission was very broad in nature and encompassed all areas of political administration, the Monarchy, the executive, the legislature, the judiciary, bill of rights, citizenship, land and minerals, the civil service, finance, the Attorney General, matters governed by the Swazi law and custom, establishment of national government based on the Tinkhundla system, powers of appointment and dismissal of certain persons by the King, political parties, the Swazi National Council, good governance, environment, foreign relations and International co-operation.

The Tinkhundla Review Commission had consulted citizens in the various fifty five (55) Tinkhundla centres whilst the Constitutional Review Commission broadened its scope and covered all chiefdoms, industrial areas, higher educational institutions, major sugar and tree plantations such as Simunye, Mhlume, and Ubombo, Sappi Usuthu, Shiselweni Forests, Peak Timbers and Vuvulane Irrigated Farms, to name just a few.

Other notable features of the Constitutional Review Commission were the large numbers of highly technical support staff operating computers, audio and visual equipment, accountants, sign language Interpreters, Income Tax personnel, drivers, workshops and conferences.

As stated above, the Tinkhundla Review Commission had its main concern and focus on the legislature. However, clause (3) of its Terms of Reference called upon the Commission to direct its attention as well to other issues, which could promote and sustain the democratic process in Swaziland. Under that heading, the Commission dealt with various issues including the writing of the Constitution for the Kingdom of Swaziland.

This recommendation came as a result of the repeal of the Independence Constitution by Parliament and endorsed by His Majesty King Sobhuza II in terms of the King's Proclamation to the Nation of the 12th April 1973. The main reason underpinning the repeal of that constitution was its foreign origin, which reflected the thinking of the British, especially their Parliament and not the Swazi people whose lives this document was to govern.

Sections 1 and 2 of the King's Proclamation deal with the reasons for the repeal of the Independence Constitution in the following manner:

(a) Whereas the House of Assembly and the Senate have passed the resolutions which have just been read to us.

(b) And whereas I have given grave consideration to the extremely serious situation which has now arisen in our country and have come to the following conclusions:

(a) That the Constitution has indeed failed to provide the machinery for good government and the maintenance of peace and order;

(b) That the Constitution is indeed the cause of the growing unrest,- insecurity, dissatisfaction with state of affairs in our country and an impediment to free and progressive development in all spheres of life;

(c) That the Constitution has permitted the importation into our country of highly undesirable political practices alien to and incompatible with the way of life in our society and designed to disrupt and destroy our own peaceful and constructive and essentially democratic methods of political activity, increasingly this element engenders hostility, bitterness and unrest in. our peaceful society.

(d) That there is no constitutional way of effecting the necessary amendments to the Constitution, the method prescribed by the Constitution itself is wholly impracticable and will bring about that disorder which any constitution is meant to inhibit.

(e) That I and my people heartily desire at long last, after a long constitutional struggle, to achieve full freedom and independence being governed by a constitution created by ourselves for ourselves in complete liberty without outside pressure, as a Nation we desire to march forward progressively under our own constitution guaranteeing peace, order and good government and the happiness and welfare of all our people."

At pages 67 - 69 of their report, the Tinkhundla Review Commission had this to say:

"(3) In the view of the Commission, issues such as a written Constitution for Swaziland entrenching the Monarchy, the rule of law and an Independent Judiciary, the Sovereignty of the King-in-Parliament, a King's Advisory Council, an efficient public and police service, a re- vamped Swazi Administration, an office of investigator -general (ombudsman), the repeal or the review of certain laws, and many other issues are of fundamental importance in the promotion of the good governance, democracy, national unity, peace and stability in Swaziland.

(4) The Kingdom's quest for a new political dispensation is such that appropriate measures have to be taken, as a matter of urgency, to implement the following recommendations:

(a) There should be a written constitution, which is to be a fundamental law of the land.

(b) The Constitution should entrench the important national institutions such as the Monarchy, Succession to the Swazi Throne, Regency, status of Chiefs, Incwala and others.

(c) There should be entrenched provisions for amongst others, an independent judiciary, a Bill of Rights, and citizenship. The Constitution should also provide for a free press.

(d) The Constitution should state that executive power vests in the King.

(e) The Constitution should state that the King-in-Parliament is Sovereign.

(f) A Committee should be established to draft a Constitution for the Kingdom of Swaziland as envisaged in the original section 80 (2) of the Parliament Order No. 23 of 1978.

The justification for a written Constitution is that it would:

(a) Entrench certain of our customs and national institutions.

(b) Be the supreme law of the land and would foster constitutionalism.

(c) Provide clarity of the government principles and prevent abuse of public authority and

(d) Protect people's rights and ensure government of the law and not of men.

The Constitution should clearly define the position of the Monarchy as both King, Head of State and Ingwenyama".

It was against this background that in August 1996, His Majesty King Mswati III established the Constitutional Review Commission in terms of Decree No.2 of 1996.

This Report will be divided into two parts. The first part will deal with the establishment of the Commission, its composition, its Terms of reference, which include the compilation and distribution of the 1973 Proclamation Civic Education, the collection of public submissions as well as the writing of this Report. The second part will deal with the actual submissions of the citizens of Swaziland.

The Swaziland Government should be commanded for a job well done in providing the Commission with much needed facilities and in particular during the Second and Third Phases. Few facilities were required during the First Phase.

The Second and Third Phases saw the Commission going to the Chiefdoms, industrial areas and institutions of higher learning. Areas visited during these phases exceeded five hundred; hence, in order to expedite the process, it became apparent that the Commission had to divide itself into four regional teams.

Transport had to be increased dramatically in order to transport not only the Commissioners but many members of the support staff as well who included Income Tax personnel, media crew, clerks, sign language interpreters, catering staff, handymen and security personnel taking care of public submissions.

Buses were provided to transport members of the public to the meeting places because some of them were old and staying far away from the meeting places. Trucks were provided to transport tables, chairs and tents from one meeting place to another Four by four (4x4) motor vehicles were provided to transport Commissioners and support staff to those chiefdoms where the roads were rough and slippery hence the budget of the Commission had to be increased dramatically in order to meet the demand on the ground. More audio and visual equipment had to be purchased as well.

1. His Majesty King Mswati III in terms of the Constitutional Review Commission Decree No.2 of 1996 established the Commission in August 1996.

The terms and conditions for the Commissioners were not so good. Some Commissioners resigned specifically because of the poor conditions of service. Those who remained in the Commission did so out of their respect and loyalty to His Majesty King Mswati III. Efforts to get the government to improve them fell on deaf cars. The government failed to appreciate that some of the Commissioners were businessmen and businesswomen, lawyers and doctors who had to abandon their business because of the national assignment.

Our sincere appreciation should go to the donor community as well including the United States of America, Britain, Taiwan, and Japan and the European Community.

However, the latter (EU) placed stringent conditions on its assistance in such a way as to direct and control the whole constitutional process. The Commission was forced to reject their financial assistance rather than submit the project to outside domination. This was history repeating itself.

That we were to make our constitution in a manner dictated by foreigners.

2. On appointment, the Commission was placed under the Ministry of Justice and Constitutional Affairs. Attempts were made by the Commissioners immediately after their appointment to be given autonomous status and independence from government control but the government strenuously resisted this move.

3. The Commission feared that government bureaucracy would delay and frustrate the progress of the project. The government on the other hand decided that the Commission could only have operational autonomy and not financial autonomy. The Ministry of Justice was to handle all financial matters of the Commission including the budget, expenditure, salaries, providing transport and equipment as well as all other facilities required by the Commission. In essence, the government was a facilitator of the project. The government provided the Commission with a secretariat. Its main function was to assist the Commission accomplish its objective as laid down in their terms of reference. It was a link between the Commission and the Government. Theoretically, it was under the control and supervision of the Commission in general and the management of the Commission, in particular the Head of Secretariat who was an officer seconded from the Ministry of Justice and Constitutional Affairs headed the secretariat. Accordingly, he was supposed to report to the Chairman of the Commission and take orders and instructions from him. This was aimed at ensuring a quick and efficient operation of the Commission.

4. The Commission was given two years within which to accomplish its task. However, this period proved to be very short and an extension was sought and for a further period of two years. There are various reasons why the initial period proved to be inadequate:

(a) Despite its appointment on the 1st August 1996, the Commission was only given the operational facilities in February 1997.

(b) Chieftaincy disputes did hinder progress particularly during the stages of the civic education and the collection of public submissions.

(c) During the rainy seasons, bad and slippery roads affected the movement of the Commission particularly in rural areas.

(d) During the early stages of collecting submissions, each regional team had one set of audio and visual equipment, which meant that only one person could be interviewed at a time. It was only in the middle of the third stage that more equipment was purchased. This meant that two people could be interviewed at the same time in any of the four regions.

(e) Most Chiefdoms preferred visits on weekends in order to ensure maximum participation of their people. This meant that the Commission had to wait for the weekend and do office work at Nkhanini.

(f) Initially, there was no petrol available on weekends and this meant that certain weekends were not utilized properly.

1. The Commissioners came from a wide spectrum of the Swazi society and by that they were truly representative of all political persuasions and opinions. Members were drawn from political organizations, trade unions, medical doctors, lawyers, civil servants, the private sector, University professors and lecturers, businessmen, Chiefs, Priests, whites, coloureds and indigenous Swazis.

The list can be found in the relevant Gazette.

2. Four (4) Commissioners subsequently resigned:

(a) Nkonzo Hlatshwayo, then a senior lecturer in law at the University of Swaziland and Secretary of the Commission. Bhekie Maphalala replaced him as Acting Secretary pending the appointment of a substantive secretary. This was not to be; the Commission finished up work and no substantive secretary was ever appointed.

(b) Mhawu Maziya, then a senior lecturer in Law at the University of Swaziland.

(c) Mario Masuku, the president of the Peoples United Democratic Movement (PUDEMO), one of the political organizations operating illegally in the country.

(d) Dr. Jerry Gule, a former lecturer at the University of Swaziland, a former Human Resources Manager of Sappi Usuthu Company and an executive member of the Institute for Democratic Leadership (IDEAL).

3. Four Commissioners died during the process.

(a) Chief Mandlenya Gamedze, a chief and a sugar cane commercial farmer. He had an accident whilst being transported in a Commission motor vehicle from the offices of the Commission to his homestead. He died some days later at Mphilo Clinic in Manzini as a result of the injuries he had received.

(b) Elias Mahlalela, a prominent and successful business- man who owned factories and a restaurant, to name a few. He died in a motor vehicle accident, a few hours before boarding a plane as part of a delegation of businessmen that were accompanying His Majesty King Mswati III on a business trip overseas.

(c) Mndeni Shabalala, a highly experienced and shrewd politician who was active before and after the country’s independence. He held several positions in government including that of an Assistant Minister and Indvuna yeTiNkhundla.

(d) Dr. Fannie Friedman, a highly respected Swazi and medical doctor. She worked for government in a number of hospitals around the country. She was involved in non-governmental organizations as well. She also served in Cabinet as the Minister of Health for a number of years.

4. Two other Commissioners, Thomas Stephens and Zombodze Magagula left the Commission allegedly because of work pressure from their business and employment respectively. They left during the first phase of compiling and distributing the 1973 Constitution with an undertaking that they will rejoin the Commission during the fourth and last phase of drafting "the Constitution". They did not resign from the Commission but they never kept their promise as well to return to the Commission.

5. Certainly, the absence of the ten Commissioners who resigned, died or merely disappeared meant more work for the remaining Commissioners with dedication and hard work, those who remained did accomplish the objective for which the Commission had been established beyond expectation.

6. All the Commissioners, upon their appointment, took an oath of allegiance to the Head of State, King Mswati III for the due performance of their duties and confidentiality.

1. The Constitutional Review Commission Decree No. 2 of 1996 sets out explicitly the functions of the Commission. Section 3 (1) provides that, the Commission shall, with the assistance of the Attorney General and other Constitutional experts, draft a new Constitution suitable for the Kingdom of Swaziland.

Subsequently, the original mandate was amended and stated to be the writing of a report after the Commission had done the following:

(a) "Compile and document the current Constitutional frame- work of the country and circulate the same to all Tinkhundla Centres.

(b) Receive oral submissions, representations and information from members of the general public on the matters covered in its terms of reference and for this purpose visit all Tinkhundia Centres to access such members and

(c) Receive written submissions representations and information from members of the public on the matters covered in its terms of reference through its address the Secretariat or at Tinkhundla Centres."

Section II of the principal Decree was amended by replacing it with the following: "The Commission shall submit its final report on or before 31st October, 2000 which report shall comprise details of the work undertaken including all records of submissions, representations and opinions heard or received by the Commission."

1. This phase began on 16 June 1997 instead of the previous year as had been expected. The reasons for the delay have already been stipulated.

2. After taking the oath of office, the Commission attended several workshops on team building. constitutionalism, the 1973 Constitution as Well as the terms of reference. This exercise was necessary because the majority of the Commissioners were not legally trained. Rules of procedure and a code of conduct were formulated as well, during these workshops.

3. The Commission commissioned the designing of posters compiled "the Current Constitutional Framework of Swaziland" in both official languages, namely, English and Siswati.

4. Thousands of booklets of the Constitutional Framework were printed, published and distributed by the Commission to various Tinkhundla Centres. Meetings were organised with the assistance of the Regional Administrator, Chiefs and Tindvuna Tetinkhundla. During these meetings, the Commission was introduced to the people; the Terms of Reference of the Commission explained and the Constitutional Booklets distributed to. the people in both official languages.

Notable figures were invited to conduct these workshops and they included the then Attorney-General Advocate Sipho Zwane, Judge of the Supreme Court of Uganda and former Chairman of the Constitutional Commission of Uganda Mr. Justice Odoki.

1. During the workshop, where the Commission discussed terms of reference, it became apparent that the process requires limited and specific form of civic education on constitutionalism in general and in particular the Constitutional development in Swaziland; hence, the Commission included this phase in the Terms of Reference.

The civic education was aimed at assisting the Nation in understanding the constitutional booklets distributed by the Commission with a view to making meaningful submissions during the Third Phase. The resolution to include this phase was confirmed when the Commission was distributing the Constitutional Framework; the Commission found that the people had a lot of questions and comments which needed ample time for discussion and clarification. His Majesty King Mswati III had no problem with the inclusion of this phase.

The addition of Civic Education to the Terms of Reference meant that the process would take much longer than originally envisaged. Furthermore, a series of Workshops had to be conducted in order to train Commissioners.

2. Booklets were designed, written and published by the Commission in order to assist the people in understanding the process. These were the "Simple Guide to the Constitutional Framework" the "Manual and Guidelines for Civic Education" and "Pictorial Guide to the Principles and Contents of a Constitution". They were in both official languages.

3. The Commission decided to conduct this Phase at the various chiefdoms and not at the Tinkhundla Centres. The Commission felt that the large numbers of people at the Tinkhundla Centres would not be conducive for free and frank discussions. The chiefdom with its relatively small number of people proved to be the right choice for meaningful learning and discussion

Furthermore, each Inkhundla consists of not less than three chiefdoms; hence, many participants stay very far from the Inkhundla Centre. These people had to be transported from their chiefdoms to the meeting place at a cost; another reason for the choice of the chiefdom.

4. The Commission was divided into four regional teams in accordance with the four regions of Swaziland.

(a) Each regional team was headed by a convenor who in turn was responsible directly to the Chairman of the Commission.

(b) The Chairman and Acting Secretary were not part of the regional teams. They were responsible for the administration of the Commission as well as taking turns in visiting the regional teams in the chiefdoms to assess progress.

(c) Each regional team had a support staff consisting of audio and visual technicians, sign language interpreters, caterers and handymen responsible for tents and furniture.

(d) Food was provided by the Commission at mid-day in order to ensure maximum participation during the proceedings.

(e) Buses were available to transport people who were staying far from the centre where meetings were held.

(f) People were encouraged to read and discuss the booklets and the Current Constitutional Framework among themselves in their chiefdoms in preparation for the Third Phase. Committees were to be established in each chiefdom by the chiefdoms and their role was to convene meetings in the chiefdoms to discuss the booklets.

(g) The Commission in its campaign employed drama on both radio and television, posters and billboards erected nationwide, T-shirts and caps and radio and television advertisements. This was to encourage Swazis to participate fully in the constitution-making exercise.

5. Separate meetings were held in specific designated areas with disabled persons during the Second Phase. Sign language interpreters were employed for this purpose. The reason why they held their civic education separately was to give them our maximum attention.

1. The Commission prepared a list of Constitutional Topics for the collection of submissions. These Topics were taken from the 1973 Proclamation as well as the terms of reference.

The topics are as follows:

The Head of State, Citizenship, Three Arms of Government, Bill of Rights and Freedoms, Land, Minerals and Natural Resources, Civil Service, Finance, Good Governance, Foreign Relations, Environment, Attorney General, Swazi National Council, Government based on Tinkhundla System, Matters regulated by Swazi Law and Custom, Political Parties, Amendment of the Constitution and any other topic of the personal choice.

2.

(a) Serious preparations were done before this phase commenced particularly because it required logistical and a comprehensive support infrastructure.

(b) Equipment required included computers, tents, generators, furniture in the form of chairs and tables, audio and video machines and cassettes.

(c) Transport needed and used included buses, trucks and sedans. Buses were to carry people coming to and from making submissions. Trucks carried equipment and furniture from one centre to another.

(d) The collection of submissions was done in the Imiphakatsi or chiefdoms. Due to the fact that some people were at their places of work when the Commission visited their chiefdoms, provision was made to collect submissions at the industrial areas and higher educational institutions. The choice also included those Swazis who might have no link at all with their imiphakatsi.

(e) Food was provided and prepared by the catering Staff of the Commission.

3.

(a) Section 4 of the Constitutional Review Commission Decree No. 2 of 1996 provided that any member of the general public who desires to make a submission to the Commission may do so in person or in writing and may not represent any one or be represented in any capacity whilst making such submission to the Commission.

It was for this reason that group submissions were not allowed. A person wishing to make submissions appeared before the Commission in person and by himself and had his submissions recorded by both audio and video machines. Special tents were used for this exercise. No member of the general public was allowed to listen to another’s submissions. In a way, it could be said that the collection of the submissions was done "in camera".

(b) The press was not allowed to record the proceedings but journalists were at liberty to interview the people outside the tents once they had finished submitting. The restriction was done in order to ensure the confidentiality of one’s submissions.

4. Only Swazi citizens were allowed to make submissions. Graded Tax numbers were used for identification. Officers from the Income Tax Department checked every Graded Tax number in order to ensure that it was genuine. People who had never been issued with Graded Tax numbers were given new ones after the local umphakatsi had confirmed their identities.

5. Each person making submissions was expected to deal with all the topics although he was not obliged to do so. His response would be sufficient when he said "pass". In addition, he was at liberty to make submissions on topics not covered by the "prepared list". This applied equally to persons making written submissions.

6. At the end of each day, the cassettes containing oral submissions as well as the written submissions were locked by the convener and handed over to the police officers for safekeeping. The bags remained locked until the Chairman officially received them.

7. After the Commission had finished collecting submissions from the four regions, members of the public who could not make submissions in these regions, were given a period of two months to make submissions at the offices of the Constitutional Review Commission at Nkhanini. This was done in order to ensure that every Swazi citizen who wished to make submissions to the Commission was not left out.

8. The Commission further received written submissions, from both the resident and overseas Swazi Citizens.

9. Disabled persons were given an opportunity as well to make sub- missions in specific designated areas throughout the country. Transport was provided for them to be taken to these centres. They had a choice of making either written or oral submissions like all other Swazis who were submitting to the Commission. Sign language interpreters were provided as well by the Commission to assist those disabled persons who were literate in the sign language.

1. During the later stages of the collection of submissions the Commission, regionally, drafted interim reports on the submissions received at that stage. The interim reports were to be a summary of the views of the Nation on each of the topics which they were given to make submissions on and also on the topics on which the public chose to make submissions on. The regional teams looked at the video recordings of the submissions in order to inform themselves. As the submissions were still fresh, the recordings served as memory-aids as to the contents of those submissions.

2. The interim reports were then submitted to the Chairman. The Chairman consolidated the reports into one. In doing that, the submissions on any topic, were combined, and those that were not common were compiled separately but under the relevant topic. The interim reports were basically in bullet point form. This format helped in weighing the submissions so that the submission which was weightier would be distinguished from the one which was so to speak less popular.

3. When compiling the Final Report, the Commission started with the consolidated interim report and added where this was necessary. Of course, the videocassette viewing was done in order to confirm our memory about what the Nation had recommended on any of the topics.

4. We also looked at the written submissions for the same on Confirmation.

5. The Final Report is, therefore, a summary of the submissions of the Nation. The submissions in question are the views of the majority of the (individual) citizens who came or wrote to the Commission to make the same submissions.

It should be clear that information, suggested provisions e.g. in the bill of rights or in relation to the handicapped, comments or views which were sent to the Commission, are excluded as those are not submissions according to the Terms of Reference of the Commission.

To repeat and emphasise, submissions are the recommendations which were made by the individual Swazis who came or wrote to the Commission. Those individuals came in their individual capacities and not in representative capacities.

To confirm this, the Commission accepted submission from individuals who produced their Graded Tax Numbers and had their identities confirmed by their imiphakatsi. This requirement applies to both oral and written submissions. The use of one means of identification was also to ensure against the duplication of submissions.

THE MONARCHY

Almost the entire members of the Nation whom we interviewed recommend that the Monarchy continues as it is constituted currently. All the powers of governing (ruling) and reigning over the Kingdom must remain entrenched in the Ngwenyama, according to Swazi law and custom and existing laws; if the King is not there, in the Ndlovukazi, and if both are not there, in the Authorised Person.

There is a (small) minority which recommends that the powers of the Monarchy must be limited.

The traditional structures such as the Senior Royal Houses and chiefs which support the Monarchy must be revived and strengthened. The other recommendation is that the traditional structure, called Ligunca, a body that is made up of Senior Princes, must be revived. Those structures which perform the duties of the revived ones, must be abolished.

The Swazi Nation regard the Ingwenyama, who is also known as Silo semaSwati, further popularly known as Imbube or libhubesi or Lion, as Head of State and Government of the Kingdom of Swaziland.

The Nation further insists that the King's Office must be established, be autonomous, be strong and be a microcosm of the various government ministries, departments and sections. The office must also include the King's Legal Advisor.

Others recommend that the Governor and councillors of Ludzidzini, be appointed. The Kings Office must facilitate those Commissions and structures, which are established at Esibaya, so that their stature is recognised.

CITIZENSHIP

The granting of citizenship to immigrants must stop forthwith. Citizenship may be granted to immigrants who will contribute to the development of the Kingdom. The granting must be done by His Majesty according to Swazi law and custom.

The Nation recommends that the granting of citizenship be not done by a government department.

Those who are granted citizenship must be people who will contribute to the development of the Kingdom.

Children born to Swazi mothers but whose fathers are not Swazis must be granted citizenship in the same manner as immigrants.

PARLIAMENT

An overwhelming majority recommends that Parliament must work in pursuance of the Tinkhundla System of Government whose objective is to develop the regions of the Kingdom equally and at the same pace.

According to the Tinkhundla System, the work of Parliament is not confined to the passing of laws only.

The language for conducting business in Parliament must be SiSwati.

The laws which are intended to be passed by Parliament, must, in the first instance be introduced at the Tinkhundla level. In other words, no law can be passed by Parliament if the said law did not pass at the Inkhundla. This does not mean that the King may not pass a Proclamation or a Decree when circumstances warrant that and His Majesty is so satisfied.

There must be an explanation as to when a Proclamation or a Decree is passed.

Parliament must be seen to be working as one of the three arms of government of the State and not as a government ministry.

THE EXECUTIVE

The appointment and dismissal of the Prime Minister and Ministers must continue to reside in the King.

Those who are appointed must be qualified or competent to work in the Ministries into which they have been appointed.

The Ministries whose functions involve frequent interaction with members of the public must have offices at the Tinkhundla Centres.

The Nation recommends that Government must be quick and take concrete steps in attending to requests by the Nation and civil servants especially when those requests relate to work which is under the jurisdiction of Government. Government must not wait until damage is done to the country.

Government must accept and take collective responsibility for any blame which relates to work which is within her jurisdiction. The practice of pushing blame elsewhere must stop.

THE COURTS

The Courts must continue to work independently, and, must be spread in all the regions.

The Courts must be the custodians of the laws and must apply the laws impartially.

The cases, which are brought to the courts, must be resolved speedily and tried impartially, without fear or favour.

Courts must perform their functions with due regard to the customs and traditions of the people of Swaziland.

The Swazi Courts must continue to exist but the nature of cases, which may be tried by these courts, must be clarified.

The Nation must receive civic education about the role of lawyers and the courts.

The Nation feels aggrieved that a suspect may be released prematurely on the same day that that person was taken into custody, especially when there is still anger in the community where the offence was committed.

To the courts, the Nation recommends that bail must not be accepted.

The Nation recommends that the hanging of the convicted must be carried out.

THE BILL OF RIGHTS AND FREEDOMS

The Nation recommends that rights and freedoms which we accept must not conflict with our customs and traditions as the Swazi Nation.

Agreements with other states and international organisations which deal with rights and freedoms must be submitted to the Nation (at Tinkhundla) before such agreements become law in the Kingdom. The Nation must know what those rights are.

The Nation must be taught about agreements which the Kingdom concludes with other states and international organisations.

PUBLIC FINANCE

The allocation and general use of public funds must be done according to the Tinkhundla System, which aims at satisfying the developmental needs of each and every Inkhundla.

There must be a clear and transparent policy of assisting the needy sections of the Nation and a clearly laid down procedure for determining who the needy are.

The pay-as-you-earn tax must be reduced and the terminal benefits of those who retire and those who are dismissed must not be taxed.

THE CIVIL SERVICE

The Nation recommends that civil servants must work with dedication and integrity in their work. They must not oppose the policies of the Kingdom and those of the government of the day and that of the Kingdom.

The Nation recommends that there must be an explanation of the policy for employment, terms and conditions of service, promotion, dismissal and retirement of civil servants.

There must be a clear policy for the workings of the Civil Service Board. Further, the working of the Board must be transparent, the Board must be autonomous and members must work on a full-time basis.

Some recommend that the age for the retiring of civil servants must be reduced.

Some people recommend that civil servants must be granted leave of absence in order to stand for election to Parliament. Others oppose this view.

LAND AND NATURAL RESOURCES

The Nation recommends that land and natural resources remain in the exclusive jurisdiction of the Ngwenyama who holds these in trust for the Swazi Nation.

Land must be allocated in order to satisfy the needs of the Nation.

There must be safeguards in relation to the prospecting for minerals in order to prevent illicit removal of such minerals. Samples of minerals, which are taken, must be accounted for and returned to Government.

Farms which have water and forests and are surrounded by communities which need these resources, must allow access by those communities in order to draw the water and fetch the firewood. Where there is the mining of minerals in an area, the neighbouring communities must get the benefit of that wealth by being developed.

When a farm is being sold, the neighbouring community must get first preference to buy that farm.

There must be an investigation of the origin of title deeds as most farms were concession lands. Concession lands must be returned to the Nation who shall decide whether to compensate the erstwhile holder.

GOOD GOVERNANCE

The majority is satisfied with the good and exemplary manner that the Ngwenyama rules the Kingdom. However, the Nation is not satisfied about the way that the government administers the country especially in that government does not reach out to the Tinkhundla centres as it should.

The Government must be the first example in respecting and following the law, in being transparent and in encouraging the rule of law.

The citizens of Swaziland must be taught that good governance is the responsibility of every Swazi, and, further, that it is the duty of every citizen to refrain from denigrating the Kingdom, by speaking badly about it, outside and inside the country.

Legislation must be passed to punish the unwarranted disparagement of the country whether outside or inside the Kingdom.

Government must ensure that general elections are free and fair and are held regularly after every five years.

GOVERNMENT BASED ON THE TINKHUNDLA SYSTEM

An overwhelming majority recommends that the System of Government based on the Tinkhundla must continue, be strengthened and be developed so that it is clear that Tinkhundla is a system or way of governing the Kingdom and not just a Government Ministry or Department.

The principles and policies of Tinkhundla must be articulated and written in a document, taught to the Nation and must be followed.

There must be a review of the location of the Tinkhundla offices so that these offices are situated closer to the chiefdoms of the Tinkhundla which such offices serve.

The Nation must be taught that the elections are for them (the Nation) to select the person whom they trust will fulfil the needs of their Inkhundla and not to elect a candidate according to the Chiefdom to which that person belongs.

There must be regular Inkhundla meetings so that the people of that Inkhundla know one another well in advance of any parliamentary elections in order to exercise an informed choice.

The majority recommends that Government offices must be available at all the Tinkhundla and that the Regional Councils must be revived. There must be an Independent Electoral Commission which shall teach the voting citizens about elections on a continuous basis.

PROTECTION OF THE ENVIRONMENT

The Nation recommends that the protection of the environment must be strengthened, places of historical importance must be protected and there must be teaching about the environment and places of historical importance.

It is emphasized that the environment and its protection must not supersede human life. It must be clear that the environment is being preserved for the benefit of the Nation.

FOREIGN RELATIONS AND COOPERATION WITH OTHER STATES AND ORGANISATIONS

The establishment of friendly relations and cooperation with other states and international organisations must continue and be strengthened. However, we must be careful as a Nation not to accept and go along with foreign ways of doing things which conflict with our way of peaceful coexistence.

Agreements that Government intends making on behalf of our Kingdom must first be explained to the Nation before they are concluded.

It must be emphasized that our nationhood must be respected by those friendly states and international organisations in which we are members.

Government must regularly brief friendly states about important events which take place in Swaziland. It must be clear that such briefing is done in order to strengthen our relationship and not as a matter of duty.

Government must establish an office for the portrayal of a good image of the Kingdom to the international community.

THE ATTORNEY GENERAL

This office must continue to exist.

The Attorney General must be a Swazi who is mature, have integrity, be knowledgeable in Swazi customs and tradition and be an educated and qualified lawyer so that the person is better equipped to advise the Monarchy and Government.

The offices of the Attorney General and that of the Director of Public Prosecutions must be united so that they both fall under the supervision of the Attorney General.

The position and rank of the Attorney General must be equal to that a Minister of State.

The Attorney General must be seen to be working freely and independently and not as being under the control of Government.

The Nation must be told about the Judicial Service Commission. That body must work autonomously.

MATTERS WHICH ARE REGULATED ACCORDING TO SWAZI LAW AND CUSTOM

The majority recommends that those matters which are regulated according to Swazi law and custom must continue to be so regulated.

We must stick to our customs.

Chiefs and families must apply Swazi law and custom in dealing with those matters which fall to be determined according to such Swazi laws and custom.

Certain customs must be reviewed in order to adapt them to modern changes and times. Those customs are: mourning, kufukama, kungena and kulobola.

Chiefs must be appointed early or timeously in order to reduce rivalry and unnecessarily long periods of acting.

When the future chief is still young his mother must be the acting chief.

During the acting period, the power to allow people (khontisa) must be exercised by the King.

It must be ascertained whether the existing imiphakatsi and their boundaries are as they were originally established, i.e. according to kuphakelwa of the original title holder. If these imiphakatsi are not properly established, they must be de-established and their supposed subjects taken by their rightful chiefs.

Chiefs of each and every Inkhundla must form an Inkhundla Council and to that effect an administration office must be provided.

APPOINTMENT AND DISMISSAL OF CERTAIN OFFICERS BY HIS MAJESTY THE KING

Almost the entire Nation recommends that the Ngwenyama must retain the powers to appoint and remove certain senior officers of government. The Prime Minister is included here.

In appointing those officers the Ngwenyama must be guided by the ability and uprightness or integrity of the people to be so appointed among the entire Nation.

All those who are appointed by the Ngwenyama to senior positions in government must be people who know the Tinkhundla System and believe in and live according to that system.

The appointees by the Ngwenyama must, if their work is commendable, not serve more than two (2) terms successively. That is, appointees to political posts must not serve more that ten (10) years in succession, even if their work is commendable. This recommendation applies to Principal Secretaries, also.

POLITICAL PARTIES

An overwhelming majority of the Nation recommends that political parties must remain banned. They do not want political parties in the Kingdom.

There is an insignificant minority which recommends that political parties must be unbanned.

The recommendation is that political parties must remain banned in the Kingdom. The existing laws regarding this position must be enforced.

THE SWAZI NATIONAL COUNCIL

The summoning of the Nation to Esibaya by the Ngwenyama must continue to be done, such meetings must be more frequent and many in any one year and those meetings must have a fixed agenda, which must be followed.

Those meetings must be followed by minutes of the proceedings, which must contain the recommendations, and decisions of the meeting.

Sibaya must establish its own ad hoc Standing Committee so that its decisions are implemented by that body.

THE ADVISORY COMMITTEE (STANDING COMMITTEE)

The Ngwenyama must continue to appoint members of this Committee. When appointing such people, the King must be guided by their ability integrity and general knowledge in the running of a country.

The membership of the Committee must reflect the regional composition of the Kingdom.

Those princes and princesses who are siblings of to the ruling King must not be appointed to the Advisory Committee.

The Standing Committee does not report nor represent Sibaya. This Committee is independent of Sibaya. This Committee advises His Majesty. Therefore the Standing Committee must be called the Advisory Committee.

THE AMENDMENT OF THE CONSTITUTION

The Nation is very happy about the procedure, which His Majesty adopted in the way leading up to the drafting of the new constitution.

The Nation recommends that this procedure must be followed when the new constitution is to be repealed or amended.

The Ngwenyama must continue to utilize the Tinkhundla and Sibaya to obtain the views of the Nation in relation to any changes to the new constitution.

Even though the Nation appears to be almost unanimous in its submissions about the new constitution, it is recommended that there be regular referenda every five years on some of the topics in the new constitution so that the constitution satisfies the changing needs of the Nation.

HEALTH

The Nation recommends that hospitals must be built in all the regions of the Kingdom. Where there are no hospitals or clinics, mobile clinics must be provided.

Government must compel private hospitals to provide first aid to those people who need that help before these hospitals transfer them to public hospitals.

Government must pay the hospital bills for those people who are not able to pay for their treatment in local or outside hospitals.

The payment for treatment cards at government hospitals and clinics must be processed at the imiphakatsi or at the Inkhundla.

HEALTH FACILITATORS

The Nation applauds the work that the facilitators do. The Nation recommends that facilitators must be appointed, be in all the regions and their conditions of work be upgraded.

THE HANDICAPPED

The Nation recommends that there must be laws which ensure that the needs of the handicapped in relation to education, access to buildings, public transport, welfare and incidental matters are provided.

Government must establish a section or department which will attend to the issues of the handicapped.

There must be a clear policy for attending to and processing of the issues of the handicapped.

STATE OF EMERGENCY

The Ngwenyama must have the power to declare a state of emergency when he is convinced that peace and the stability of the Kingdom will be disturbed.

During the state of emergency, all the powers of running the Kingdom shall vest in the King.

UMBUTFO DEFENCE FORCE

The Nation welcomes the existence of the Defence Force.

There is a recommendation that the policy of recruitment must be explained fully to the Nation.

The welfare of the soldiers must be upgraded.

The uniform of the security forces must be protected.

TOWN COUNCILS

Those who are affected recommend that the establishment of towns must not result in the abolition of Swazi Nation land. The present city and town borders must remain where they are. There must be a procedure for Government and imiphakatsi to meet in order to discuss issues where the city or town will encroach on Swazi Nation land.

Where Swazi Nation land will be encroached upon and taken over by a city or town there must be financial compensation for the land that has been lost.

The extension and development of urban areas must not result in the diminution of the establishment or working of Tinkhundla.

The price of urban land must be reduced so that Swazis can afford to purchase such land.

THE SWAZILAND NATIONAL PROVIDENT FUND

Members recommend that they must be taught, at their places of work, how the Fund works and changes which are being made to the Fund.

The period after which a member may receive their monies must be reduced.

Members recommend that they should be allowed to borrow from the Fund before their retirement.

MARKET AND STREET VENDORS

There must be harmonious relations between market and street vendors.

Town councils must make regulations in that regard and also build the necessary shelters and facilities for these people.

THE NATIONAL FLAG

The Nation recommends that there must be a law which protects the national flag.

Further, the Nation must be taught about the importance of the national flag.

THE NATIONAL ANTHEM

The Nation recommends that there must be legislation for the protection, respect and teaching about the national anthem.

The singing of other anthems on the place of the national anthem must be prohibited.

There must be an explanation as to when and where the national anthem should be sung.

MATTERS AFFECTING WORKERS

The Nation recommends that Government and employee organisations must work for the reduction of workers complaints and this includes the employment of Swazis in all positions at work.

When senior positions at work are taken over by Swazis, those benefits, which accompany such positions, must not be reduced.

The localisation of certain positions by qualified Swazis must be revived, strengthened and pursued.

Worker-mass-marches must not result in damage to property, must not disturb work-situations, life and peace in the Kingdom. There must be legislation for the protection and compensation of the victims if property is damaged or destroyed.

It must be recognised to be the obligation of Government, workers and employers to work for the creation of employment in Swaziland.

DIPPING TANKS

The Nation recommends that dipping tanks must continue to exist but they must be situated nearer the communities which they serve in order to prevent soil erosion, which is caused by the movement of cattle.

Government must continue buying the dipping chemicals.

The Lubombo residents who are affected by the foot and mouth cordon recommend that the cordon must be abolished forthwith.

The disease must be treated and the practice of preventing livestock from crossing must cease.

COMMUNITY POLICE

The Nation recommends that community police must continue to exist, have legislation for them, look into conditions of their working, and their needs.

There must be cooperation between community police and national police. It must be made clear that the community police are established for and work within a chief and chiefdoms and work with the chiefs council.

Chiefs recommend that there be a House of Chiefs in Parliament. The families (lusendvo) must install chiefs and such installation must be done without delay. Where there is conflict, the Ngwenyama must intervene and decide.

The appointment of the members of the King's Advisory Council (currently called the Standing Committee) must be done by the King who must be guided by qualifications and integrity and these must represent the four regions of the Kingdom.

The constitution of the Advisory Council must be on an ad hoc basis, in that people are appointed for certain issues and are disbanded as soon they have finished investigating or, discussing that issue.

The Nation must be informed about the Senior Prince.

The Indvuna of Ludzidzini and Indlovukazi's Advisory Council must be appointed.

Chiefs must receive a monthly salary.

Regional Administrators must be appointed by His Majesty and belong to the region to which they are appointed.

They recommend that private farms and natural resources be held by the Ngwenyama in Trust for the Swazi Nation, and His Majesty shall work with the Chiefs and imiphakatsi in the relevant areas in order to address the needs of those communities in as far as land and natural resources are concerned.

Chiefs who are neighbours must cooperate with one another and must agree on boundaries themselves so that their subjects do not exploit their differences. A committee for this purpose must be legally established.

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This page was last updated on 03 February 2004