Media in Swaziland have
once again misrepresented events in order to deflect criticism of King Mswati
III.
The latest in a long line
of cases happened at the Swazi High Court in the case of Thulani Maseko,
the human rights lawyer who, along with Bheki Makhubu, the editor of the Nation magazine, are on trial for
contempt of court, following the publication of articles critical of the
judiciary in Swaziland.
Maseko made a submission
in court in which he contended he was innocent of the charges. This was reported
in the Swazi
Observer and the Times of Swaziland, the only significant
newspapers in Swaziland.
But both newspapers, and
the broadcast media which with two exceptions are all state controlled, refused
to report the main thrust of Maseko’s speech which was a criticism of the
political system in Swaziland and King Mswati’s role.
Maseko
said that in August 2012 the King convened what is known as ‘Sibaya’. The Swazi Constitution states, ‘The
people through Sibaya constitute the highest policy and
advisory council (Libandla) of the nation.’ The
King is the Chairman of the meeting.
Maseko said the King was ‘at
the centre of it all’. He
added, ‘This means that he
bears
the ultimate responsibility to ensure that the people’s resolutions are
executed and implemented.’
However, Maseko said, the ‘overwhelming
majority of those who spoke’ at Sibaya called for multi-party democracy in Swaziland. At present King Mswati rules Swaziland as
sub-Saharan Africa’s last absolute monarch.
He added, ‘The
question that arises is whether this recommendation / resolution were
implemented, or even worse, whether there are any plans
to implement same? The answer, as far as we are concerned, is in
the negative. It is our respectful submission that the failure or refusal to
give effect and meaning to the people’s resolution and aspirations
to move towards a People’s Democracy, as opposed to the much
talked about vague Monarchial
Democracy, is contemptuous to the people of this land.’
In 2013, King Mswati claimed
to have had a vision in which he was told the right form of government in his
kingdom was ‘Monarchial Democracy’,
but when he was asked to explain what it was, he said it was the same as the
present ‘tinkhundla’ system.
Maseko
also criticised King Mswati as being ‘above the law’. He said ‘Pronouncements
by the King become Swazi Law when they are made known to the nation,
especially at Esibayeni or Royal Cattle Byre. The King is referred to as umlomo
longacali manga (“the mouth that never lies”). That is before any pronouncement
or/proclamation, the King will have consulted and will have been advised.
‘We
respectfully submit that such an arrangement is inconsistent with
constitutionalism and the Rule of Law which embody democratic governance.
For the King is not subject to judicial review, making him above
the law.’
He added, ‘Rule
of Law means that it is the law which ultimately rules, not a monarch, not a president
or prime minister, clearly not a dictator, not even a benevolent dictator. Under
the Rule of Law no one is above or beyond the law. The law is the ruler.’
He added. ‘In
so far as
the people have called for a democratic process of forming a government under
the Rule of Law, they have been treated contemptuously. We
surely need leaders who better understand the Rule of Law.
Maseko
also criticised King Mswati for appointing Barnabas Dlamini Prime Minister.
He said Sibaya had asked ‘King Mswati III and the leadership of
this country to give them their right to elect a Prime
Minister’.
King Mswati appoints the
prime Minister and Government; none are elected by the people.
He added, ‘Is
it not contemptuous that while the people called for the removal
from office of the Right Honourable Dr. Sibusiso B. Dlamini in the last term,
he was instead, re-appointed without their consent?’
He added, ‘I
respectfully argue that the failure and refusal by the highest authority of
this land [King
Mwsati] to remove the Prime Minister
and instead, re-appointing him is highly contemptuous of the people’s will and
aspirations.’
In Swaziland the monarch
only appoints a man from the Dlamini family, which includes the Royal Family,
to the position of Prime Minister.
Maseko said, ‘In any
case, what is the criteria or basis for appointing a Prime Minister? Is it not
Royal Dlaminism supremacy and superiority? We contend
that this is the kind of evil domination of a people by another, which
moved and inspired men of conscience and goodwill, to rise up and challenge
such immoral social orders. Tinkhundla [the present system of
government in Swaziland] is our Swaziland version of South
Africa’s grand Apartheid and racial segregation and discrimination in the
United States. It must be dismantled, it is inhumane.’
Maseko also said that at
the Sibaya meeting people
asked for ‘Circular No.1
of 2010’to be
abandoned. This policy document allowed for substantial payments to government
ministers, members of parliament an d civil servants when parliament was
dissolved in 2013.
He said, ‘We
listened and heard, speaker after speaker, condemn
and attack this document as illegitimate in the face of massive poverty and
unemployment.
‘The
natives of this land saw this, not as intended to eradicate and alleviate
poverty, but meant to secure the comfort of self-serving politicians
while we the poor, suffer terrible poverty and unemployment.
‘What
level of contempt of the masses of the people can we speak of? I insist that I
am not guilty, but the leadership of Swaziland, jointly,
collectively and severally should be in the dock for contempt of the
people.
He said is Sibaya was considered to be the
kingdom’s ‘annual general meeting’ then ‘failure
to execute and implement such decisions and resolutions invite and warrant a
vote of no
confidence on the leadership. More than just a vote of no
confidence, the non-implementation
and intransigent refusal to give effect to the People’s resolution in the light
of section 232
[of the Swaziland
Constitution] amounts to the suspension and or
abrogation of the section.
‘Consequently
this is an act of treason.’
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