The Kingdom of Eswatini (which many may know as its recent former name Swaziland) is a small landlocked country located in Southern Africa and is bordered with Mozambique and South Africa. The country’s capital city Mbabane is located in the west of the country not far from the South African border, although the monarchy is located in the city of Lobamba which is also considered a capital.
Unfortunately, the history of Swaziland/Eswatini is not well established but I’ll try my best do put it simply in brief.
The first King of modern Eswatini is considered to be Ngwane III with the country’s kingdom being established in the mid-18th Century but it wasn’t until King Mswati II where clans in the territory were unified and the territory greatly expanded. During the Scramble for Africa in 1881 the British recognised Swaziland’s independence in which their present-day borders were drawn up.
It then appears from 1890 for a number of reasons that Swaziland was led by a triumvial administration after the death of King Mbandzeni, this triumvial government represented British, Dutch and Swazi interests and then in 1894 a convention made Swaziland a protectorate under the South African Republic.
The outcome of the Second Boer War led to Swaziland then becoming a British Protectorate in 1903. In 1906 Swaziland was partitioned into a European and non-European area. Sobhuza II was crowned King in 1921 after coming of age and attempted to settle dispute of Swaziland’s territory with the British but failed.
So, from 1923 to 1963 the King worked to resist British administration as well as attempts to incorporate the territory into the Union of South Africa, which proved to be successful due to Britain’s weakening influence at the time and the country agreed on independence with the British in November 1963, under terms there would be legislative and executive councils, the Swazi National Council (the King’s advisory council) were against the terms for independence but nonetheless the elections went ahead in 1967 and the country achieved independence the following year.
Democracy would not last thought as Sobhuza II suspended the constitution after the elections of 1973 and ruled by decree until his death in 1982, there was a period of regency before King Mswati III was crowned on 25th April 1986 and continues to rule until this day, democratic elections were restarted again from 2008, implemented from a new 2005 constitution introduced by the King due to student and labour protests, but the monarchy continues to have vast power.
The country was renamed to the Kingdom of Eswatini on 19th April 2018 to mark 50 years of independence. The country’s official languages are Siswati and English, the largest religion is Christianity and the country’s currency is the Swazi lilangeni but the South African rand is also accepted. The country’s population is 1,160,930.
Government Type
Despite having an elected legislature and appointed executive government the country is still considered an absolute monarchy with vast powers and some constitutional provisions. Although political parties are allowed most are Independents due to rules and laws on political parties being unclear and may also be restricted by the country’s culture.
A bicameral parliament makes up the legislative government and there is a Prime Minister who heads the executive government.
The Monarchy
Process
The Kingdom of Eswatini is ruled by an Absolute Monarchy with vast powers, with the King being Head of State and also traditionally the female monarch is the King’s mother (or another ritual substitute) called the Ndlovukati and the male monarch is called the iNgwenyama.
The monarchy is hereditary and the monarch serves until death where then the crown prince (the Umntfwana) who is the King’s eldest son will be crowned King given they are of age otherwise there will be a regency until they become of age. To be crowned King the crown prince must be at least 18-years of age although it also says “unless the situation otherwise requires”.
The female monarch (Ndlovukati), traditionally the mother of the King, is appointed in accordance with Swazi law and custom. The female monarch will rule as Queen Regent if the crown prince is yet to come of age or during times the King is absent or unable to perform functions.
There is also a Senior Prince that is appointed and they will rule if the Queen Regent is unable to do so for any reason, the Senior Prince also advises the Queen Regent while she is ruling.
The King will have an Advisory Council (pretty much a Privy Council) that advises the King on issues. It was called the Swazi National Council but its name may have since changed.
Duties
The King is the Commander-in-Chief of the country’s armed forces and the Commissioner-in-Chief of the country’s Police Service and Correctional Services. As such the King appoints these authorities on advice of the appropriate Minister and the appropriate Commission.
Executive Authority is vested in the King. The King gives assent to and signs bills of law passed by the country’s parliament; can summon and dissolve parliament; receives foreign envoys and appoints diplomats; can issue pardons and reprieves and commute sentences (on advice from a committee appointed to that effect by the King from the King’s Advisory Council); declare state of emergency; confer honours; establish any commission and order a referendum. These powers can be exercised directly by the King or through the Cabinet or a Minister.
The King often performs his duties on advice from members of Cabinet but can question the advice if wished where the Cabinet will reconsider the advice it has given to the King.
The King, on the advice of the Prime Minister, can declare a state of emergency. A state of emergency will not be effective unless the country is at war or that war is imminent or if there is a natural disaster or one that is imminent or unless there is a person or group of people in the country that endanger public safety.
The constitution says that unless the state of emergency is approved by a two-thirds vote of a joint-sitting of parliament it will either end after 7 days if parliament are sitting or after 21-days in any other circumstance. While the state of emergency exists the joint-sitting of parliament is not dissolved but will be adjourned and reconvened from time to time by the President of the Senate or Speaker of the House until the emergency is ended. A state of emergency lasts 3-months but can be extended by 3-months at a time by a vote of three-fifths majority of the joint sitting of parliament.
The state of emergency allows suspensions of certain rights and guarantees and laws to help handle or control a war, natural disaster or other problem that endangers public safety.
The King appoints justices of the Supreme and High Courts on recommendation from the Judicial Service Commission. The Judicial Service Commission is made up of the Supreme Court Chief Justice, four members appointed by the King and the Chairman of the Civil Service Commission. The King also appoints the Director of Public Prosecutions on the advice of the Judicial Service Commission.
The Executive Government
The executive government involves the King but also is made up of a Cabinet which consists of a Prime Minister, Deputy Prime Minister and a set number of Ministers agreed upon between the Prime Minister and the King. The Prime Minister is the Chairman of the Cabinet and leader of Government Business in the Parliament.
Prime Minister and Ministers – Cabinet
The Prime Minister is appointed by the King from the House of Assembly (lower chamber) after parliamentary elections and is appointed based on advice from the King’s Advisory Council. So far every Prime Minister (ignoring Acting and Deputy Prime Minister’s) have been a member of the Royal Dlamini house.
Ministers are appointed by the King from both chambers of Parliament on recommendation from the Prime Minister, the constitution states that half the number of Ministers must be appointed from among elected members of the House of Assembly (lower chamber).
The Prime Minister can be removed from office by the King if he is considered incompetent or due to misbehavior or inability to carry out duties or if the Prime Minister declares insolvency or if the Prime Minister ceases to be a member of the House of Assembly or if the Prime Minister resigns. A vote of no confidence in the House of Assembly can also remove the Prime Minister, requiring a two-thirds majority.
If the King considers removing the Prime Minister due to misbehavior or inability to meet duties he will appoint a tribunal to first enquire into the matter. The tribunal will consist of a Chief Justice and two reputable persons of whom must have held a position of either Minister, President of the Senate or Speaker of the House. The tribunal will advise the King on if the Prime Minister should be removed.
The Prime Minister cannot hold office for more than two consecutive terms.
Ministers can be removed by the King on advice of the Prime Minister or if the Minister declares insolvency, or if they cease to be a member of Parliament or they resign from office. A two-thirds majority can also express no confidence in a Minister where the King will then remove them.
Ministers can also not hold more than two consecutive terms in office.
A vote of no-confidence can also be held against the entire Cabinet which requires a three-fifths majority and if successful the King will dissolve the Cabinet.
Attorney-General
The King appoints the Attorney-General on advice from the Minister in charge of Justice after consultation with the Civil Service Commission. Only a person who qualifies as a Judge of the superior courts can be appointed Attorney-General. The Attorney-General is the principal legal advisor of the Government and as such is an ex-officio member of the Cabinet.
The Attorney-General also advises the King on matters of law and the constitution when requested.
The Attorney-General will help with the drafting of Government bills and sign them off. The Attorney-General must help to draw or peruse all agreements, contracts, treaties, conventions and other documents to which the Government is party to or has an interest in for them to be concluded.
Represents the Government in courts and any legal proceedings.
The Attorney-General can be disciplined or removed from office by the King in the terms recommended by a tribunal appointed by the King that includes a Chairman recommended by the Chief Justice and two other members appointed by the King.
Secretaries
There is a Secretary to the Cabinet who is head of the public service. The position is appointed by the King on advice from the Prime Minister after recommendation from the Civil Service Commission. The position acts as Chief Advisor to the Prime Minister on management systems, structure and organisation of ministries.
The Secretary to the Cabinet will also review and monitor the Ministries in implementing government policies and programmes and discharge by Principal Secretaries. The Secretary of the Cabinet is in charge of the Cabinet office and acts on instructions given by the Prime Minister, such as arranging business, keeping minutes of Cabinet and conveying Cabinet decisions to the correct authorities.
Principal Secretaries are appointed by the King on renewable five-year contracts on advice from the Civil Service Commission. Principal Secretaries supervise a ministry or government department.
Cabinet Duties
The Cabinet must keep the King informed on the governments general conduct and give information to the King on any particular matter relating to the government. The Cabinet are collectively responsible for their actions, including advice given to the King and on any Minister’s actions in execution of their office.
It is the Cabinet’s job to formulate and implement policy of the Government in line with any national development strategy.
After consultation with the Prime Minister the King may assign Government business including administration of a department of government.
Prime Minister or Minister Absence
If the Prime Minister is absent from office due to illness or any other cause then the Deputy Prime Minister will exercise the office or if they are not available the King will delegate a Minister to do so, the Deputy Prime Minister or delegated Minister can only exercise the office for a maximum of 3-months.
Likewise, if a Minister is absent due to illness or any other reason, then that Minister, in consultation with the Prime Minister, can delegate his/her functions to another Minister for the maximum of 6-months.
The Legislative Government
Structure
There is a Bicameral Parliament that consists of the House of Assembly (the lower chamber) and the Senate (the upper chamber) that makes up legislative government.
The House of Assembly is composed of no more than 76 members. There is Speaker of the House elected from either among themselves or someone who isn’t a member and they cannot also be a Cabinet member. They are charged with keeping order in the House of Assembly and making sure internal rules are followed. The Speaker can be removed from their position via a two-thirds vote of members. A Deputy Speaker of the House is also elected from among themselves.
The Senate is composed of no more than 31 members. The Senate will also elect a President of the Senate either from among themselves or someone who isn’t a member, they cannot also be a Cabinet member and can be removed from their position by a two-thirds vote of members. The President of the Senate is charged with keeping order in the Senate and making sure internal rules are followed. There is also a Depuy President of the Senate elected from among themselves.
Members of either house can be removed via a two-third vote of members.
The King can prorogue or dissolve parliament at any time, acting on recommendation from the Prime Minister, but the King may choose not to act on the advice if he thinks that government can continue without that action or that it is not in the country’s interest to dissolve parliament. If parliament is dissolved new elections and appointments will take place.
Duties
The parliament’s main function as any is to have legislation introduced to the chambers and for it to be debated, amended and passed or rejected where it will then go on to the King to be given assent. Most legislation requires both chambers of parliament to pass it, but some legislation may only require the approval of either the House of Assembly or Senate while some may require a joint-sitting of both chambers.
If a bill is amended by one chamber that amendment must be agreed on by both chambers. When a law bill goes to the King for assent, they can choose to withhold assent and can send back provisions of a bill for another consideration at a joint-sitting of parliament. Most bills can be introduced in either house apart from money bills which can only be introduced to the House of Assembly and bills that are deemed to alter or effect things such as powers of the monarchy, of chief or traditional authorities, courts, Swazi law and customs, the nation’s land or designated cultural activity can only be introduced to the Senate.
When it comes to money and appropriation bills the Senate can be overruled if it does not choose to pass such bills within the allotted time and the bill is then presented to the King for assent. Bills that are deemed urgent can also be presented to the King for assent if the Senate does not pass them in the allotted time.
If one chamber passes a bill but the other rejects it there may be a joint-sitting of parliament in an attempt to resolve the issue. If the Senate does not act on a bill that has been sent to it within an allotted time it will be presented to the King for assent.
Committees can be set up in both chambers for their functioning and committees can also be set up for inquiry.
The Electoral System
The country is separated into four administrative regions and then these are further divided up into what are called “inkhundla” which are established by the King on recommendation of the Elections and Boundaries Commission. Inkhundla are basically constituencies and they include one or more chiefdoms which have the power to nominate candidates for the House of Assembly (lower chamber).
The Elections and Boundaries Commission is an independent body made up of a Chairperson and Deputy Chairperson and three other members appointed by the King on advice from the Judicial Service Commission. Those appointed cannot be a member of Parliament, cannot have been actively engaged in politics for the last 5-years, cannot be a public officer other than a judge of a superior court or magistrate, cannot be an unrehabilitated insolvent and cannot have been convicted of an offense involving dishonesty in any country in the last 10-years. Members serve single 12-year term and cannot be re-appointed.
Each Inkhundla is also under the general administration of an executive committee called a Bucopho which consists of people elected from the chiefdom/s within. Each of the four regions also has a Regional Council and is headed by a Regional Administrator, members of the Regional Councils are elected from each Inkhundla from among Bucopho members of the Region. Regional Administrators are appointed by the King on advice from the Minister in charge of tinkhundla. Regional Administrators have the status of Deputy Minister and can be removed by a no-confidence vote of the respective Regional Council on a two-thirds majority or by advice of the Prime Minister.
The members of the national parliament must be made up of at least 30 percent of woman and if this has not happened then the House of Assembly will form into an electoral college and elect no more than four woman to the parliament on a regional basis.
Members of the House of Assembly (lower chamber) are nominated and elected by a first-past-the-post system from single and multi-seat constituencies (inkhundla) using a first-past-the-post system. To be nominated as a candidate a person requires at least 10 people qualified to vote in an inkhundla to support them.
Parliamentary elections for both chambers happen every 5-years. For the House of Assembly, no more than 60-members are elected via the process described above and no more than 10-members are nominated by the King, half of those nominated by the King having to be female and to represent interests of marginalized groups that are not already adequately represented in the House of Assembly. The Attorney-General in an ex-officio member of the House of Assembly.
For the Senate, 10 are elected by the House of Assembly with half being female and are elected in such a way that represents a cross-section of the Swazi society. The King appoints 20 members with at least 8 being female.
To be elected, appointed or nominated as a member of parliament one must be a citizen of Eswatini, at least 18-years-old and registered to vote, having paid all taxes or made arrangements that are satisfactory to the Commissioner of Taxes, and finally is registered as a voter in the Inkhundla in which that person is a candidate (if elected member).
To vote one must be a citizen of Eswatini or have been a resident in an Inkhundla for at least 5-years and be at least 18-years-old. A person can be disqualified from voting by being certified as insane or unsound mind, or if they are under sentence of death or life in prison or if they were disqualified as a voter due to offenses connected with elections.
Sources
The sources for this come from the Kingdom of Eswatini (under the name Swaziland) 2005 constitution (constituteproject.org) and although it should be as accurate as possible I actually found this to be one of the most complex constitutions I have come across yet and although I did my best to simplify it, there is some I had to miss out just due to the sheer volume this post would have had to go to, so any who are using this seriously should surely make sure to cross-research and also look into some of the parts I missed out such as a number of public offices and the Central Bank and the make-up of the Civil Service Commission. There is of course also a chance I made some mistakes/misinterpretations. As well as that the constitution can be changed and so this may eventually become outdated.
Changes to the constitution are proposed at a joint-sitting of parliament and passage requires a majority vote from both houses or by referendum and assent from the King. There are different procedure on certain parts being changed, such as parts considered “entrenched” which require a two-thirds majority in both chambers, passage in a referendum and assent of the King or parts considered “specially entrenched” which require a three-fourths majority in both chambers, passage by referendum and assent of the King.
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