Swaziland: The King's Constitution

On 31 May 2003, after a delay of seven years, King Mswati III finally unveiled the draft of a new national constitution for Swaziland, at Ludzindzini royal village. While this new constitution ensures that governing power remains firmly in the hands of the monarchy, it is still an attempt to balance the concerns of the royal establishment (sub-Saharan Africa’s last absolute monarchy) with local and international demands for political reform and the acknowledgement and respect of human rights. However, what it fails to address is the status of political opposition parties. These have been banned since 12 April 1973 when Mswati’s father, King Sobhuza II, suspended the constitution. In fact, while a new provision in the Bill of Rights guarantees “freedom of assembly and association”, there is no specific mention of political parties. As a consequence, the question of what role the monarchy must play in Swazi politics (a problem that has bedevilled this tiny kingdom ever since it gained its independence from Britain in 1968) remains fundamentally untouched. More specifically, this relates to the ways in which a genuinely inclusive political system—one able to incorporate the demands of a modern state—can coexist with the vast power and privileges accruing to those who owe their position to a traditional system centred on the ruling Dlamini royal lineage. This article attempts to identify the progress (or the lack thereof) made towards creating a democratic and participatory-based system through attempts at reforming Swaziland’s constitution.