The Parliamentarian 2010: Swaziland supplement

cover:Layout 1 09/07/2010 11:18 Page 1

SWAZILAND:

Applying a traditional system of governance to modern democratic principles PAGE 2

PLUS Constitutional renewal: The rights of the people, Parliament, the executive and the judiciary PAGE 6

The role of the Senate and its relationship to the representation of regions PAGE 8

The Tinkhundla: a marriage of governance cultures

Bringing climate change issues to the forefront

PAGE 11

PAGE 15

Inside front cover:3-col feature 09/07/2010 11:20 Page 209

His Majesty King Mswati III of Swaziland

Contents:Layout 1 09/07/2010 11:30 Page 1

2010: ISSUE TWO - SWAZILAND CONTENTS 2

11

A Profile on the Parliament of Swaziland, host to the 2010 Mid-Year Meeting of the Commonwealth Parliamentary Association Executive Committee The development of Swaziland’s parliamentary democracy Hon. Prince Guduza Dlamini.

Page 2

Constitutional renewal: The rights of the people, Parliament, the executive and the judiciary HRH Prince David.

Page 6

The role of the Senate and its relationship to the representation of regions Sen. the Hon. Gelane Zwane.

Page 8

The Tinkhundla: a marriage of governance cultures Prof. Lydia P. Makhubu Page 11

Bringing climate change issues to the forefront Hon. Siphiwe Kunene, MP Page 15

Promoting sustainable forest management

The Parliamentarian | 2010: Issue Two - Swaziland | 1

Dlamini:Layout 1 09/07/2010 11:31 Page 2

PARLIAMENTARY DEMOCRACY

THE DEVELOPMENT OF SWAZILAND’S PARLIAMENTARY DEMOCRACY Swaziland’s parliamentary system is deeply rooted in the country’s traditional system of governance; but its Speaker reports that it is also firmly committed to modern democratic principles such as representing the views of constituents, increasing the role of private Members and ensuring the administrative independence of Parliament.

Hon. Prince Guduza Dlamini, MP, in Lobamba.

Prince Guduza has been the Speaker of Swaziland’s House of Assembly since 2006. A chemist, he was a Senator from 1993 to 2003 during which time he held several ministerial portfolios. He entered the House of Assembly in 2003.

Swaziland’s parliamentary democracy is based on a unique structure commonly referred to as the Tinkhundla political system which is a grassroots form of democracy.

As an architect of the system, the late King Sobhuza II believed in originality and had great confidence in the African heritage.

His political philosophy was to encourage African academicians and great thinkers to research and formulate a kind of democracy suitable to the local socio-political milieu. He wanted Africans, Swazis in particular, to be architects of their destiny as opposed to transplanting a Eurocentric political system that was prone to causing divisions and instability. He believed that the concept of democracy was not the monopoly of the West. From time immemorial,

2 | The Parliamentarian | 2010: Issue Two - Swaziland

Swazis have met in their respective chiefdoms, or Tinkhundla centres, to deliberate on important matters.

They openly and freely debated issues in a democratic manner.

The Tinkhundla political system is an embodiment of values of grassroots democracy. It is a system influenced by a history and culture of constructive dialogue.

Comparatively, the Tinkhundla people-based system of governance can be equated to the true democracy that was hitherto practised in earlier true democracies like Greece. Through its participatory nature, the Tinkhundla political system is in line with the democratic ideals of “government of the people, by the people, for the people.”

Close to the people Advocates of the Tinkhundla

Hon. Prince Guduza Dlamini

system are very sceptical of foreign ideologies. It can be recalled that at the dawn of independence, most African governments introduced multiparty democracy. However, there were disastrous consequences: civil wars and power struggles characterized by leaders calling themselves “life Presidents” and refusing to leave

Dlamini:Layout 1 09/07/2010 11:32 Page 3

PARLIAMENTARY DEMOCRACY

Left: The Speaker’s Chair; Above: The Swazi Coat of Arms

The Parliamentarian | 2010: Issue Two - Swaziland | 3

Dlamini:Layout 1 09/07/2010 11:33 Page 4

PARLIAMENTARY DEMOCRACY

power. The whole of Africa is still grappling with the intricate concept of multipartism and even today there are countries having election disputes which are a threat to regional stability.

It is against this background of great turmoil and instability that the people of Swaziland, through their elected representatives, rejected multiparty democracy. They wanted an African political system based on local values and cultures. One that would promote national

“...there is great hope that the country’s parliamentary system has been strengthened and empowered to effectively execute both its oversight and legislative mandates.” harmony and retain the country’s peace and tranquillity.

Consequently, a motion was moved in both the House of Assembly and the Senate calling for the suspension of the Westminster type of constitution which had introduced political parties. The suspension paved the way for the introduction of a unique and home-grown system of democracy. It was to be known as the Tinkhundla political system of government that supported decentralization and the devolution of power.

The Tinkhundla centres are governed through a constituency committee referred to a “bucopho”.

This committee is composed of people elected from all the chiefdoms of a particular inkhundla. The main co-ordinator

of the various activities of such a development committee is an elected “Indvuna of Inkhundla” (meaning constituency headman).

He works hand in hand with the Member of Parliament who represents the interest of the constituency in the House of Assembly.

Elections are conducted every five years to elect representatives from 55 constituencies. The first stage is primary elections which are followed by secondary elections. This ultimately leads to the election of a representative to Parliament.

In addition to the 55 directly elected Parliamentarians, there are 10 Members appointed by the Head of State in consultation with a council of advisors. After electing the Speaker and Deputy, the august House of Assembly constitutes itself into an electoral college to elect 10 Senators to join the 20 appointed by the King. In his appointment, the Head of State balances genders and considers marginalized groups and professional interests.

Ongoing reform The Tinkhundla political system has undergone various stages of political metamorphosis, in effect having a positive impact in the democratization of the Legislature.

Before 1992, elections of Parliamentarians used to be conducted through an electoral college. Pursuant to consultations done by various constitutional teams, the system was reformed by introducing direct representation. The reforms heralded the advent of a grassroots-based parliamentary democracy.

Proceeding from the premise of such reforms there is great room for improvement. A Constitution Bill was fully debated and passed into an Act of Parliament in 2005. Chapter 3 of the constitution guarantees the protection and promotion of fundamental rights and

4 | The Parliamentarian | 2010: Issue Two - Swaziland

freedoms. Section 24 provides for the protection of the freedom of expression, whilst Section 25 provides for the freedom of assembly and association.

The elected representatives have a great responsibility to deliver on their promises lest they earn the wrath of the electorate that has the power to vote them out of office in the next elections. This sword that hangs over the head of the elected Members serves as a catalyst to drive them to truly represent their people.

Pursuant to this mandate of representation, legislators ask questions for oral answers and move motions of national interest and, more specifically, those that seek to address the plight of their constituencies.

They ask about schools, clinics, roads and the general improvement of the welfare of the people in their constituencies.

Private Members take a legislative lead Driven by a desire to improve the

Dlamini:Layout 1 09/07/2010 11:34 Page 5

PARLIAMENTARY DEMOCRACY

resources to those who need them most.

lives of their people, Members recently moved a motion calling for the piloting of a private Member’s Bill on the alleviation of poverty. In supporting the motion, Parliamentarians expressed concern on government’s slow pace in coming up with a strategy or programme of action to ensure food security. Following the passing of the motion, a select committee was elected to visit various constituencies with the view to gathering views and seeing for itself the gravity of the problem.

At end of this exercise, a report

The development of industries employment Swazi women will make them less susceptible to human traffickers. and a private Member’s Bill will be tabled for debate. Depending on the success of this exercise, there are indications that more private Member’s Bills are in the pipeline.

Whilst appreciating the need for government Bills, it is incumbent upon Parliamentarians to pilot private Bills in order to influence the allocation and distribution of

Combating human trafficking Private Members also have to support those public Bills that protect the lives of the people they represent. One such important Bill that has been enacted into an Act of Parliament is the People Trafficking and People Smuggling (Prohibition) Act. The object of this Act is to prevent and penalize those involved in the trafficking and smuggling of people, including the protection of and support for trafficked and smuggled persons.

A Task Force for the Prevention of People Trafficking and People Smuggling has been established. It seeks to prevent and suppress trafficking and punish those engaged in the illicit and inhuman practice of trafficking persons, especially women and children.

In passing this legislation, Members were concerned with the scale of the rise in human trafficking. As people’s representatives, they saw the need to protect vulnerable groups such as poor people and in particular women who are smuggled to foreign countries to become sex slaves.

The legislators were pained by the fact that most of the victims are poor women from their constituencies who are lured by professional traffickers who dangle carrots of employment and a better life in foreign countries. It is against this background that they strongly supported the establishment of a task force to educate the public about the dangers of human trafficking and to investigate reported cases.

The work of the task force has intensified and it has embarked on a public awareness campaign to warn people about the rise of human trafficking as we draw closer to the World Cup in South Africa in 2010.

Free education Parliament has enacted The Free Primary Education Act which provides a legal framework for the gradual introduction of the concept of free primary education. It is a means towards an end – a gradual transition towards the realization of the ideal of free primary education as enshrined in Section 29 of the constitution.

The Act provides the necessary guidelines to ensure that such a process of change is properly managed to effect a smooth transition. Failure to manage change leads not only to management-by-crisis but chaos that ultimately breeds anarchy.

The legislation is aimed at removing barriers and increasing access to primary education. It provides resources and eliminates disparities and inequalities. It seeks to eradicate literacy and alleviate poverty. It is a catalyst for empowering children so that they can enjoy their right to basic education.

Notwithstanding the huge cost of such an exercise, it is nonetheless a demonstration of political commitment by legislators to invest in the future of children by ensuring that all children enjoy their basic right to education.

A stronger Parliament The development of Swaziland’s parliamentary democracy has been largely influenced by the Tinkhundla political system.

However, with the advent of a new constitutional dispensation, there is great hope that the country’s parliamentary system has been strengthened and empowered to effectively execute both its oversight and legislative mandates.

Moreover, the constitution guarantees greater autonomy to the Legislature. Section 131 provides for the establishment of the Parliamentary Service Board which is responsible for the proper and effective administration of the institution.

The Parliamentarian | 2010: Issue Two - Swaziland | 5

Prince David:Layout 1 09/07/2010 11:35 Page 6

CONSTITUTIONAL RENEWAL

CONSTITUTIONAL RENEWAL: THE RIGHTS OF THE PEOPLE, PARLIAMENT, THE EXECUTIVE AND THE JUDICIARY The Chairman of the committee which drafted Swaziland’s 2005 constitution reports on the institutional changes which are still being introduced to make its principles a reality.

HRH Prince David, in Lobamba.

Prince David was Minister for Justice and Constitutional Affairs from 2003 to 2008 and was also the Chairman of the Constitutional Drafting Committee.

The date 8 February 2005 heralded a fresh start for the Swazi nation in that a new political dispensation was ushered in with the promulgation of a new constitution. This constitution defines and limits powers vested in various bodies and authorities with a view to curb abuse of power and to ensure accountability by way of introducing checks and balances.

The constitution enjoins various public actors to observe the limits placed on them.

Central to the concept of constitutionalism, as envisaged under this constitution, is the separation of state powers.

In considering the extent to which the constitution has introduced reforms, one has to take a closer look at the changes that it has introduced and the extent the citizenry has been able to enjoy benefits that came with it.

This will be done by considering the Bill of Rights, the exercise of executive powers and finally the judiciary.

Bill of Rights In considering the Bill of Rights,

6 | The Parliamentarian | 2010: Issue Two - Swaziland

one has to assess the level of the people’s understanding of their rights and their assertion of the

HRH Prince David

rights guaranteed to them. This can be measured by the amount of human rights litigation that has been brought before the courts and also reports that have been received by the Commission on Human Rights. Even though we do not have readily available statistics, reports indicate that citizens have been taking advantage of the constitution and asserting their rights.

The Bill of Rights included the

concept of protecting the rights of marginalized people and these include women, children and persons with disabilities. Children have greatly benefited from the provision relating to free education.

Grade I and II pupils are benefiting from section 29 and this will be rolled out until all primary education is free for every citizen. The protection of the marginalized population has also benefited from the promulgation of the Sexual Offences Act. Still under the Bill of Rights, the status of illegitimacy in respect of children born outside wedlock has been abolished and now children have equal rights within the family.

A surviving spouse is now entitled to a portion of the deceased estate as a matter of constitutional right.

The first dying spouse can no longer give away his/her entire estate to the exclusion of the surviving spouse by will. To ensure a full application of this right, the government has set in motion the process of reviewing the administration of the estates of the deceased.

The establishment of the

Prince David:Layout 1 09/07/2010 11:36 Page 7

CONSTITUTIONAL RENEWAL

Commission on Human Rights and Administration is one visible sign of reform brought about by the new constitution. The Commission is charged with overseeing the observance of the rights and freedoms guaranteed under the constitution. This Commission also doubles as the Integrity Commission which is tasked with ensuring that persons in public positions are subject to an enforceable code of conduct.

Legislature The 2008 general elections were conducted in accordance with the constitution. The Elections and Boundaries Commission, taking the place of the Electoral Officer, was put in place. Whereas in the past, general elections had been conducted in terms of the Establishment of the Parliament of Swaziland Order of 1992 and related enactments, the constitution necessitated an overhaul of these laws.

Another area to be considered

under this topic is that of subordinate legislation. In line with section 253, subordinate legislation is now laid before Parliament before it commences.

Executive In line with the constitution, about half of the members of the executive are appointed from the elected Members of Parliament.

Further, we have seen an increase in the number of women in the cabinet and other positions of authority.

The executive has, through the Prime Minister, been reporting to Parliament on the steps taken to ensure the realization of the directive principles as per the requirements of Chapter V of the constitution.

A Civil Service Commission, in conformity with the constitution, is in place and it is envisaged that more service commissions will be established.

Judiciary The constitution acknowledges

the various levels of decisionmaking. Many of these bodies claim various degrees of judicial power. The ultimate authority to interpret and decide on constitutional matters resides with the judiciary, which in terms of the constitution should be independent. To this extent the Judicial Commission has ensured that an independent judiciary is put in place. This has been made possible through guaranteeing the judges’ security of office and tenure.

More judges have been appointed and this has gone a long way in ensuring an efficient judiciary as this allows the judiciary adequate time to do research. This will invariable result in legally sound judgments and thus respect for the courts will be enhanced.

To ensure the realization of the independence of the judiciary, the judiciary now has full authority to administer its finances. This has been made possible through the office of the Registrar of the Superior Courts.

The exterior of the Parliament of Swaziland.

Conclusion Various institutions established by the constitution have been put in place. Admittedly the implementation has not flowed entirely smoothly. This is largely due to financial constraints.

Further, the understanding of the constitution by people who are expected to play a pivotal role in its implementation has been found wanting and this has inevitably contributed to the slow pace at which the constitution is being implemented.

Another major challenge has been the enactment of laws to bring the constitution into operation.

Quite a number of laws have to be put in place, including amending or repealing some of the laws that are in conflict with the constitution.

The Parliamentarian | 2010: Issue Two - Swaziland | 7

Zwane:Layout 1 09/07/2010 11:40 Page 8

ROLE OF THE SENATE

THE ROLE OF SENATE AND ITS RELATIONSHIP TO THE REPRESENTATION OF REGIONS The President of the Senate provides a detailed account of the Senate in Swaziland, its functions and how Senators are appointed to their role.

Sen. the Hon. Gelane Zwane, in Lobamba.

Sen. Zwane was Deputy President of the Senate from 2003 until 2006 when she was elected President of the Senate.

She was Acting Chief of Kontjingila in the Shiselweni region in 2004.

Sen. Gelane Zwane

The Kingdom of Swaziland has a bicameral Parliament.1 The two Chambers of the Parliament of Swaziland are the House of Assembly and the Senate.2 The Senate is the Second Chamber whose role and relationship to the representation of regions of Swaziland can be best understood within the context of the political structure of the country and the process through which it (Senate) is composed. A brief discussion of the political setup and constitutional history of the Country is therefore unavoidable.

Background The Kingdom of Swaziland attained its independence from the British on 6 September 1968 where upon it adopted a Westminster system of government. The constitution that was adopted at independence continued to operate until it was

8 | The Parliamentarian | 2010: Issue Two - Swaziland

repealed on 12 April 1973 by the then King, King Sobhuza II. The change was brought about by way of decree which introduced a new constituency (“Tinkhundla”) based system of government (in the wider sense, representing the three organs of state, that is, the Legislature, Executive, and the Judiciary). During the course of the following years the country engaged in numerous consultative processes that eventually resulted in the enactment of the current constitution which came into effect on 26 July 2005.

According to the most recent constitutional dispensation the system of government for Swaziland is a “democratic, participatory, constituency based system that emphasizes devolution of state power from central government (in the narrow sense, representing the executive organ of state) to constituency areas and individual merit as the basis for election or appointment to public office.”3 The Kingdom of Swaziland is divided into four administrative regions4 which are individually divided into different constituencies.5 Each constituency consists of one or more Chiefdoms (“Imiphakatsi”) which act as nomination areas for the elected Members of the House of Assembly (one of the two Chambers of the Parliament of

Swaziland). This happens during the primary level of the elections.

Constituencies, on the other hand, are used for the election of Members that form part of the House of Assembly. This happens during the secondary level of elections. There are currently 55 constituencies in Swaziland but the constitution, by implication, makes provision for not more than 60 constituencies.6 The Parliament of Swaziland, comprising of both the House of Assembly and Senate, is composed as follows; The House of Assembly consists of; •

•

•

Not more than 76 Members.

Of these Members, not more than 60 are elected from the constituencies (one Member per constituency),7 Not more than 10 are nominated by the King acting in his discretion after consultation with such bodies as the King may deem appropriate. At least half of them must be female and must be so as to represent interests, including marginalized groups, not already adequately represented in the House,8 Four Members specially elected from the four regions in cases where, at the first meeting of the House of Assembly after any general

Zwane:Layout 1 09/07/2010 11:41 Page 9

ROLE OF THE SENATE

• •

election it appears that female Members of Parliament will not constitute at least 30 per cent of the total membership of Parliament,9 The Attorney General who is an ex officio Member,10 The Speaker who may be elected either within or from outside the House.11

The Senate, on the other hand, consists of not more than 31 Members elected and/or appointed as follows;12 •

•

Ten Members (Senators) elected by Members of the House of Assembly at their (House’s) first meeting. The 10 elected Members, at least half of whom should be female, should be such as to represent a cross section of the Swazi society,13 Twenty Members appointed by the King acting in his discretion after consultation with such bodies as the King deems appropriate. A minimum of

•

eight of the Members appointed by the King have to be female. Furthermore, the 20 Members appointed by the King have to be people who, in the opinion of the King are able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or who are by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland,14 A person to be elected to be the President of Senate who should be elected either from within or outside Senate. A person elected President of Senate should have some parliamentary experience and should be otherwise able to maintain order in Senate and properly guide Senators in

their business in terms of Standing Orders.15 It is important to note that even though both Chambers perform similar functions, they work independently but not in complete isolation from each other. The functions of both Chambers, in a nutshell as briefly outlined below, are threefold: the legislative function, the oversight function, and the representation function.

The functions The supreme legislative authority of Swaziland vests in the King-inParliament.16 The power of the King and Parliament to legislate is exercised through Bills;17 • Passed by both Chambers of Parliament18 • Passed by the House in cases where: 1. The Bill, in the opinion of the Speaker, is either an Appropriation Bill or money Bill;19 2. The King by writing under his

Above: The Senate Chamber hand certifies to the President that enactment of a Bill, passed by the House is a matter of urgency; and20 3. The Bill, having been introduced and passed by the House has been sent to Senate at least 60 days before the end of the session; and has not been considered by Senate within 60 days after the Bill was so sent, unless the House resolves otherwise.21 •

Passed at a joint sitting of Senate and the House in cases where;

1. A Bill affecting or altering matters regulated by Swazi law and custom having been introduced in and passed by Senate and has been sent to the House at least 60 days before the end of the session but has not within that period been passed by both Chambers;22

The Parliamentarian | 2010: Issue Two - Swaziland | 9

Zwane:Layout 1 09/07/2010 11:41 Page 10

ROLE OF THE SENATE

2. The Chambers disagree on a Bill;23 3. A Bill having been passed by both Chambers of Parliament sitting separately is presented to the King for assent and the King acting in his discretion has referred back provisions of the Bill as the he may indicate for consideration by a joint sitting24; and 4. Amendments are being made to the constitution.25 •

Passed by Senate in cases where a Bill, dealing with matters regulated by Swazi law and custom, having been duly introduced in and passed

by Senate sent to the House at least 60 day before the end of the session, and has not been considered by the House within 60 days after the Bill is so sent, or unless Senate agrees otherwise.26

A Bill only becomes law if the King has assented to it and signed it in token of that assent.27 The King may also, acting in his discretion, refer back provisions of a Bill as he may indicate for consideration at a joint sitting of the Senate and the House, provided that the Bill, before being presented to him for assent, had been passed by both Chambers of Parliament sitting separately.28 A Bill may therefore only be presented for assent only where it has been passed, as explained above, by both Chambers sitting separately, or by a joint sitting of both Chambers or by Senate or by the House.Members of Parliament exercise their oversight function in various ways; these include the raising of question and motions directed to the different Ministers.

Furthermore, there are parliamentary portfolio committees for each and every ministry tasked with monitoring the performance of government ministries and reporting back to Parliament with the relevant recommendations.

Members of Parliament also

ensure through, inter alia, raising questions and motions in Parliament that the interests of people in their various constituencies are protected.

People in the various constituencies have a right to bring issues that affect them through

“There is no better way of recognizing the importance, status and gravitas of Chiefs as hereditary leaders of their communities than putting them in the upper House of Parliament” their respective MPs. Members of Parliament can also make followups on progress made on developmental issues.

Electing a Senator The Senate does not have a direct relationship to the representation of the regions of Swaziland save for the fact that the Senators, although not elected directly from the regions, come from one region or the other and are not necessarily restricted in discussing matters of regional interest. Swaziland does not have a federal system and the composition of the Senate is not based on territorial representation but based on a mixture of indirect election and appointment. As stated above, 10 Senators are elected by Members of the House of Assembly who make up an electoral college specifically for the election of the ten Senators. The constitutional criterion for electing them is that they should “represent a cross-section of the Swazi society” and at least half of them should be female. The remaining

10 | The Parliamentarian | 2010: Issue Two - Swaziland

20 Senators, of which “at least eight should be female,” are appointed by the King and constitutionally they should be persons who, in the opinion of the King are either “able by reason of their special knowledge or practical experience to represent economic, social, cultural/traditional or marginalized interests not already adequately represented in Parliament; or by reason of their particular merit, able to contribute substantially to the good government and progressive development of Swaziland.”

The need for a second Chamber In response to the question as to why there should be a second Chamber in a small country like Swaziland, I want to make a lighthearted observation that if the number of Chambers depended on the size of the country concerned, the U.S.A., Canada and Australia would each have far more than two Chambers in their Legislatures. What these countries have instead is a federal system where the federal government takes care of the overall national interest while state governments cater for peculiarities of regional interests. However, in the case of Swaziland, in view of its small size and overwhelmingly “uni-ethnic” population, there can be no real regional interest or differences to speak of. We may perhaps speak of “class” differences largely along urban/rural or “modern”/traditional lines, subject to the caveat that I may be stretching things a bit because such divides are not always so sharp and so clear.

Be that as it may, the importance of the urban/rural divide lies in the existence, power and influence of traditional leadership – chiefs and Headmen – in rural areas. Considering that, as is the case with most African countries, the vast majority of Swazi’s live in rural areas on communal land under the control of some 300 Chiefs, any

government can ignore or marginalize Chiefs at its peril. They are an existential fact on the ground in rural Africa. They must be recognized and placed at the centre of all aspects of national planning and development programmes. There is no better way of recognizing the importance, status and gravitas of Chiefs as hereditary leaders of their communities than putting them in the upper House of Parliament, where in our case, they constitute the majority of Members. Their main function is to make sure that no legislation tramples on the traditional and cultural values that define us as a distinct national entity in the committee of nations, and that no legislative programme is biased against rural traditional areas.

Endnotes 1

This Article is based predominantly on the provisions he Constitution of the Kingdom of Swaziland Act. No.001 of 2005, all provisions referred to hereunder are those of the constitution.

2

Section 93

3

Section 79

4

Section 82 (1)

5

Section 82 (2)

6

Section 95 (1)(a)

7

Section 95 (1)(a)

8

Section 95 (1)(b) and Section 95 (2)

9

Sections 95 (1)(c), 95 (3), 86 (1)

10 Section 95 (1)(d) 11

Section 102 (1)

12 Section 94 (1) 13 Section 94 (2) 14 Sections 94 (3), 94 (4) 15 Section 100 (1) 16 Section 106 (a) 17 Section 107 18 Section 107 (a) 19 Sections 112,113 20 Section 114 21 Section 116 (2) 22 Section 115(3) 23 Section 116 24 Section 117 25 Chapter xvii 26 Section 115 (4) 27 Section 108 (1) 28 17 (1)

Makhubu revised:Layout 1 09/07/2010 11:42 Page 11

GOVERNANCE CULTURES

THE TINKHUNDLA: A MARRIAGE OF GOVERNANCE CULTURES Swaziland’s non-party Tinkhundla system of governance is a blend of the southern African country’s traditional community structures with Westminster-type parliamentary processes, a blend based on two principles common to both: public participation and good governance, says a senior Swazi academic.

Prof. Lydia P. Makhubu, in Lobamba.

Prof. Makhubu, a professor of chemistry, is a former Member of the Swaziland Senate and a former Vice-Chancellor of the University of Swaziland. She is now a member of the university’s Board of Trustees.

The word “Tinkhundla” is the plural of “Inkhundla”, a traditional meeting place where communities converge to discuss social and economic issues affecting their lives. An Inkhundla is made of a cluster of chiefdoms, areas which are under the jurisdiction of chiefs.

This is where the majority of the Swazi people reside.

The Tinkhundla system therefore encompasses socioeconomic and political concepts and leans heavily on popular participation at the grassroots levels, following traditional approaches and philosophy. It is premised on the belief that traditional Swazi governance, which is based on the democratic participation of the population, is good governance.

A small nation of varied regions and strong traditions The Kingdom of Swaziland is one of the smallest countries in the Southern African Development Community (SADC) region. It borders South Africa in the north, west and south and Mozambique in the east.

The total population of Swaziland as projected in 2001 stood at almost one million, with an average population growth rate of about three per cent. The urban and rural population figures are 33 per cent and 67 per cent respectively. Life expectancy is estimated to be 53 years for men and 60 years for women. These figures are changing because of the effects of the HIV/AIDS pandemic. Adult literacy is 81 per

cent for men and 78 per cent for women. The gross domestic product per capita is U.S. $1,076.

The Kingdom has a total area of 17,400 square kilometres divided into four agro-ecological zones, each featuring its own climatic characteristics. The Highveld in the west is a mountainous region featuring rivers, waterfalls and a temperate climate. There are pine plantations in this region. The Middleveld, the central region at a lower altitude, has lush fertile valleys and a warm climate. Further east and lower still, is the Lowveld, which is home to vast plantations of sugar and citrus, Swaziland’s two main export crops. Lying along the eastern border with Mozambique is the scenic and dense sub-tropical vegetation of the Lubombo Mountains.

The Parliamentarian | 2010: Issue Two - Swaziland | 11

Makhubu revised:Layout 1 09/07/2010 11:43 Page 12

GOVERNANCE CULTURES

A well known social feature of the Kingdom is the adherence to traditions. Old Swazi traditions are jealously guarded and colourful ceremonies mark special occasions. Examples are the

this information has been subverted and the performance of Africa has been overlooked even

by Africans themselves. In education, for instance, emphasis has been placed on examples of

imposition of foreign world-views which have had a tremendously negative impact on the African psyche(2).

It left behind a people groping to reconcile their indigenous world-

strength and eventual success of colonialism lay in more than the setting up of political structures which caused us to doubt and gradually abandon any pride in our political past: we drifted away from the cultivation of crops which suited our climate and accounted for our proper nutrition, we changed our eating habits and we even abandoned ourselves.”(3) The independence movements made strong pan-African interventions and weakened but did not erase these colonial effects which persist to the present day. As recently as 1996, Ochieno-Odero, writing on Africa’s post-colonial development, remarked: “Indeed Africa has been cruising along in the three postindependence decades, on the back of other peoples’ brains and other peoples’ vision”.

Incwala (a period of prayer and thanks-giving) and the worldrenowned Umhlanga (Reed Dance) for young maidens.

Swaziland is one of the few monarchies remaining in Africa.

The monarchy is an old and revered institution which occupies a central position in the life of the nation. The Swazi monarchy is dual, in the sense that His Majesty the King, or Ngwenyama, rules together with the Queen Mother, or Indlovukazi.

While the King is principally concerned with matters of state, the Queen Mother’s main role is to uphold the Kingdom’s culture and traditions.

Africa’s development dilemma Africa has a remarkable history which details the continent’s precolonial achievements. However,

successful performance by former metropolitan powers to the exclusion of Africa’s achievements.

It is reported that over a period of 2,000 years until 1,800 years ago, Africa occupied the pinnacle of world power in agricultural production, economic management and technologybased civilization(1). However, for the next 1,200 years, the continent deteriorated and lost its pinnacle position.

Drastic changes occurred in the mid-fifteenth century when slavery descended upon the continent, disrupting social and economic order and depriving Africa of its able-bodied men and women.

Then came colonial occupation whose most devastating effect was not so much the appropriation of Africa’s natural resources as the disruption of Africa’s cultural autonomy and the continental

12 | The Parliamentarian | 2010: Issue Two - Swaziland

The mountains of Swaziland reflected in the windows of Lozitha State House.

view and the world-view of European occupiers who had exerted extraordinary intellectual domination over the peoples of Africa. A very cogent observation was made by Albert Shabangu about Africa’s institutions: “Institutions which provided good governance and ensured grassroots democratic participation of the population were not only disregarded, they were even stigmatized and made to look evil, pagan and backward. Pride and confidence in our own roots were destroyed. In fact we were made to feel ashamed of all the things which had hitherto defined our lives. The

Post-colonial setbacks When these kinds of statements are made, pointing out the debilitating effects of colonial occupation on Africans, some people are quick to point out that Africa’s failure to progress can no longer be attributed to the ills of the colonial past. They argue that African countries have been independent for almost half a century and should, by now, be shaping their own destiny.

Perhaps this remark is justified; but we all must realize that since the early post-independence years, the international scene has been extremely fluid and changing rapidly. It has not waited for Africa to adjust and shape her development directions to suit changing circumstances. For instance, the world has gone through globalization and economic meltdown while the African continent is weighed down by the woes of HIV/AIDS, hunger and political conflict. These heavy loads are not conducive to the design of rapid responses to global challenges.

Makhubu revised:Layout 1 09/07/2010 11:44 Page 13

GOVERNANCE CULTURES

As we consider which way Africa should follow, I am reminded of a story told to me by a friend who was a keen observer of Africa’s development progress.

Boats belonging to different nations were departing from the edge of the ocean, one at a time.

The American boat was paddled into the sea, followed by the Australian and British boats and others. Each time a boat was launched into the sea, Africans were seen running behind it into the sea, some drowning in the process and others returning to shore. Finally, the Indian boat went into the water, followed by the Chinese one. The Africans stampeded behind the Asian boats, some drowning in the process. Then the Chinese captain turned to his Indian colleagues and asked, “What are the Africans doing?” The Indian replied, “Running after everyone’s boat, the Africans have no boat of their own.”

Is this really true: Don’t we have our own boat?

This is Africa’s development dilemma: always chasing after other people’s boats instead of taking time to build its own, using its own abundant and solid timber instead of borrowing from other people’s forests. Don’t we Africans have a vision of our own on which other people can ride?

The Tinkhundla concept The Tinkhundla system of governance can be viewed in the context of the basic philosophy of His Majesty King Sobhuza II, father of the nation, who stated that we should marry the good from the Swazi way of life with the good from other cultures.

The system’s origin is anchored on Swazi culture and is intended to reflect the deepest aspirations of the Swazi people. The question is: Has it done so?

In putting this analysis of the

system together, I have listened to oral historians and read documents which were made available to me by various individuals. Through this process of preparation, I have learnt a humbling lesson that my own understanding of the system was grossly deficient. I believe I represent a large section of Swazi Society. Swaziland is still in the process of building and refining its governance system.

The debate on the nature of our governance seems never-ending as it changes with changing circumstances at home and abroad. Frankly, I believe that we have not taken the time to analyze and debate the merits or otherwise of the system.

The genesis of the system can be traced back to the preindependence years (1902 – 1968). During this period, Swazi traditional institutions were allowed to operate in parallel with colonian institutions. The colonial

Above: King Mswati III at Lozitha State House.

administration restricted its control to the collection of taxes and the maintenance of law and order, leaving the whole governance responsibility to Ingwenyama: the King and his Council. At that time, Tinkhundla were in existence as traditional meeting places.(4) In 1955, King Sobhuza II dispatched a special committee of the Swazi National Council to tour the country and propose the revival of Tinkhundla.

This exercise was very much in keeping with post-colonial activities of African leaders who were seeking new directions for their countries’ governance. While some leaders created new institutions altogether, others sought to adapt traditional institutions to establish new

The Parliamentarian | 2010: Issue Two - Swaziland | 13

Makhubu revised:Layout 1 09/07/2010 11:44 Page 14

GOVERNANCE CULTURES

governance structures. The Tinkhundla system was the King’s adaptation. The overall aim of establishing the Tinkhundla system was “to decentralize administrative work, thus bringing it within reach of all citizens”(4).

Tinkhundla-based elections There are 55 Tinkhundla which are dotted all over the country; all of them have facilities for meetings and consultations. The Tinkhundla system of representative governance has a two-fold role.

The first role is providing a channel for Swaziland’s electoral process representing a traditional process of consultation and discussion at grassroots level. This entails election of local candidates from their communities, the chiefdoms where people know them. These are the primary elections.

Winners from the chiefdoms move to the Inkhundla level where they compete with winners from other chiefdoms, in secondary elections. Winners at this level move directly to Parliament.

This is the core of the governance system of this country.

The power and control of the electoral process is in the hands of the people at the grassroots level. It is a bottom-up process. The two bottom levels are the bedrock of the system. Individuals who have earned the trust and respect of their peers compete on an equal basis in their own constituencies for election. The House of Assembly is made up of 65 Members, 55 of whom are elected through their constituencies – the Tinkhundla. They go to Parliament direct from the constituencies. The other 10 are nominated by the Head of State.

Members of the House of Assembly then elect 10 Members of the Senate from the wider community. The other 20 Members of the Senate are nominated by the Head of State.

The overall structure of the Tinkhundla system of governance reveals the dual character of

governance that converges in the Head of State. It also features the co-existence of the Prime Minister and the cabinet, on the one hand, and the Swazi National Council Standing Committee (SNCSC) (a traditional advisory authority) on the other. The position of the Swazi National Council Standing Committee (SNCSC) is still evolving.

In the administration of justice under the Tinkhundla system of governance is the co-existence of the judiciary headed by the Chief Justice and the Traditional Swazi Courts headed by the Judicial Commissioner.

Strengths of the Tinkhundla system The strengths of the Tinkhundla system of governance can be seen in the context of the revered philosophy of King Sobhuza II of the marriage of the best from Swazi tradition with the best from foreign traditions, and of the desire to decentralize administrative work and bring it within reach of all citizens.

It is a home-brewed concept that is deeply rooted in the culture and traditions of the Swazi people which rely on chiefs as community development leaders.

It has a strong rural focus, an important consideration in a country where up to 67 per cent of the population resides in rural areas. The success of any development strategy should be judged by the extent to which it addresses the advancement of the majority of the population.

It puts people at the centre in the determination of policies affecting their lives. It is very much an educational system, providing for sharpening people’s skills in development debates and consensus-building.

To a large extent, policy mechanisms for consultation are enshrined in the system and this presupposes accountability to the people by those selected to move their concerns upwards.

14 | The Parliamentarian | 2010: Issue Two - Swaziland

It is a trickle-up model: This has been hailed as one of the best models of development.

Challenges of the system A lack of written information on King Sobhuza’s thoughts and perceptions is a challenge.

Information that can be widely distributed for people to read, listen to and understand is lacking.

“The debate on the nature of our governance seems neverending as it changes with changing circumstances at home and abroad.”

Consequently the role of the different levels of the system remains unclear to the ordinary observer. Oral information is valuable but subject to misinterpretation.

However, the codification of Swazi law and custom which has taken place is a welcome development. The role of the different levels in the hierarchy requires clarification.

The calls for further democratization of the system have led to submissions calling for a change in the Tinkhundla system.

The system is considered undemocratic since it is, rightly or wrongly, linked to the absence of political parties which many equate with democracy and good governance.

In recent years, progress has been made in the utilization of the Tinkhundla system to bring services closer to the people.

First Parliament adopted a decentralization strategy in which

government offices in the different sectors were established, such as immigration facilities for obtaining passports in the regions without having to go to the Ministry of Home Affairs.

At the tinkhundla offices, students are able to obtain scholarship forms and identity cards. Other social services such as the distribution of grants to the elderly and disabled people are also given.

Conclusion The Tinkhundla system is a homegrown participatory, bottom-up, consensus-building system of governance which is rooted at the grassroots. There can be no doubt, however, that it will undergo evolution in response to the imperatives of our times. But in keeping with the philosophy of the sage His Majesty King Sobhuza II, founder of the system, this evolution should involve marrying the best of the Swazi culture with the best of the Western world.

I believe that there is much that people can learn and emulate from the Tinkhundla system of governance. It is also my belief that when all is said and done, the will of the Swaziland people will prevail.

References (1) Ochieng-Odero J.P.R. (1994).

Harnessing African Science and Technology Brainpower for the Rapid and Sustainable Science-Led Development of Africa. A Programme Strategy. Resource Paper for the Second Presidential Forum. Maputo, Mozambique.

(2) The United Nations University – sponsored special Committee on African Report (1986). Nairobi, Kenya.

(3) Shabangu A.H.N. (1996). Managing a Successful and Smooth Political Transformation in Swaziland. A vision for the Future. University of Swaziland, Kwaluseni.

(4) UNDP (2003). Capacity Assessment of Local Government Institutions in Swaziland.

Kunene revised:Layout 1 09/07/2010 11:45 Page 15

CLIMATE CHANGE

BRINGING CLIMATE CHANGE ISSUES TO THE FOREFRONT The government of Swaziland is working not only to raise public awareness of the impact of climate change on its people but also to use national and micro schemes to encourage environmentally sustainable living. A leading Parliamentarian details several of the initiatives the government has introduced.

Hon. Siphiwe Kunene, MP, in Lobamba.

Ms Kunene was first elected to the Parliament of Swaziland in 2008. Actively involed in climate change issues, she is the Chairperson of the Agriculture Portfolio Committee and Vice Chairperson of the Foreign Affairs Committee. Prior to entering Parliament she was a mananger at the Royal Swaziland Sugar Coporation working in human resources and other areas.

Alternative energy, climate change and the environment are big issues in the country. The pace may not be as fast as in neighbouring countries but a lot has been done and still being done on the three issues. The Swaziland government through the Ministries of Natural Resources and Energy (MNRE) and the Ministry of Tourism and Environmental Affairs (MTEA) are working very hard to create and increase awareness within the populace of the country.

A national climate change website was launched in June 2009 to enhance interest and awareness of the climate change subject. Stakeholder meetings, road shows, radio, television talk shows and advertisements were also used to improve the attitude of the public on how they treated the environment and conserved energy.

Energy The main electricity producer, Swaziland Electricity Company (SEC), produces 50MW against the demand of 201MW. The rest of the electricity is imported from South Africa. This shows that the country produces only a quarter of what the country needs so cannot

sell any electricity to neighbouring countries. In comparison to its neighbours Swaziland is seen to be one of the lowest producers of electricity (see Table 1) which shows that a lot needs to be done to improve the situation.

SEC (parastatal under the MNRE) has identified potential hydrosites in Maguduza, Ngwemphisi and Maguga where over 200MW can be generated.

The challenges the company quotes include the availability of capital and water to run for longer periods. Some of the things the government is planning to do to try and cover the need are: 1 Increase local generation of electricity in the country to 100MW by December 2013 in the identified hydrosites (also working on a feasibility study for a 10MW Diesel generation plant); 2 Engage organizations with generation plants to support their loads. Currently the sugar milling companies generate electricity that is used for lighting up their villages and for running irrigation pumps during the milling season; 3 To generate at Maguga

(existing dam) for longer periods; 4 Use solar energy systems for heating up water in some of the government’s large institutions. At the moment a pilot project is being implemented at the maximum security prison (His Majesty’s Correctional Services, Matsapha); 5 Increase the contribution of renewable energy to the country’s total energy use from 48 per cent to 73 per cent by 2013. Wind and solar measuring equipment along the Lubombo plateau is being installed.

In as much as the government is interested in the contribution of renewable energy to the country's total energy use, it is not doing much to encourage the general populace and other investors in generating electricity.

Neighbouring countries are continuously introducing feed in tarriffs (FIT's) to try and encourage the adoption of renewable energy sources and to help accelerate the move to grid parity. However the Renewable Energy Association of Swaziland (REASWA) which is a

The Parliamentarian | 2010: Issue Two - Swaziland | 15

Kunene revised:Layout 1 09/07/2010 11:45 Page 16

CLIMATE CHANGE

Table 1. Swaziland’s electricity production compared with neighbouring countries Utility

Demand

Normal Production

Maximum Production

Percentage

ESKOM

36513

37258

43061

102

ZESA

1758

1125

2045

64

ZESCO

1468

1630

1632

111

BPC

493

120

132

24

EDM

343

2075

2250

605

NAMPOWER

449

390

393

87

SNEL

1075

1170

2442

109

LEC

109

70

72

64

SEC

201

50

51

25

registered, non profit-making organization is trying to increase awareness on the need to put emphasize on renewable energy.

REASWA's mission is to promote sustainable energy through energy efficiency and the cost effective use of renewable energy, in an environmentally sustainable and socially acceptable manner. It consists of a cross section of stakeholders from government, the private sector, NGOs and tertiary institutions.

Assistance for infrastructure used in rural electrification for a big number of areas was obtained from the Taiwanese government and now the elected Members of Parliament are installing in the areas not covered through the use of the Rural Development Fund (RDF). This is a fund budgeted for annually and regulated by the Ministry of Tinkhundla and Development and used by MPs for developmental purposes in their Tinkhundla's (constituencies). The MPs use the same fund in helping the grouped rural homesteads, schools and clinics with connection fees that are paid to SEC. Work is also being done to increase the use of alternative fuels in the country. The MNRE works hand in hand with one of the sugar

milling companies (Royal Swaziland Sugar Corporation - RSSC) to produce 10 per cent ethanol blended petrol. The RSSC's as well as government cars (with stickers) are fuelled and this has been done over the past three years. Due to the success of the project the need to increase production has been evident. Moreover, public awareness on the use of ethanol blended fuel is missing and the MNRE has put it in its plan of action and will be done before the end of 2013. Other biofuel studies are going on both in the private sector and in government. In 2006 about 27.6ha of a certain variety of sorghum was grown in RSSC to try and see if it could not be used to produce ethanol for fuel purposes.

The tops were left in the field and only the stalks were taken to the sugar mill for crushing at the beginning of the crushing season.

The main problem seen at crushing was that the mill used was not good for the sorghum as it created a paste because the sorghum had less fibre than sugarcane.

Otherwise the end product was what was needed to produce ethanol.

Water Trans-boundary agreements exist

16 | The Parliamentarian | 2010: Issue Two - Swaziland

for the use of water in the rivers that flow in the country meaning that the water is not used anyhow.

For potable water production, the Swaziland Water Services Act of 1992 established the Swaziland Water Services Corporation (SWSC), a parastatal that provides potable water to both urban and rural areas. No water is exported to neighbouring countries but there are hopes to do so in the near future as the country is continuing with improving its systems.

The MNRE has a big challenge to bring clean drinking water to every person living in the country.

The river flows and the dams in the country are not enough to meet that challenge successfully so the harvesting of water into dams is greatly encouraged especially in the rural areas. The ministry has come up with a five-year plan to increase ground water drilling capacity and the installation of micro water supplies around the country. Adopting water recycling technologies or activities is being looked at for the near future. A programme to reduce the 39 per cent urban water losses to 15 per cent by December 2013 has been put in place.

MPs from constituencies in the rural areas work very hard to

quicken the process of bringing clean water to the people with the help of the RDF and Microproject (a project for the Ministry of Economic Planning and the European Development Fund).

Sponsors also help the MPs in making their job a success by buying the needed equipment as well as installing the most suitable systems for their areas. In most cases boreholes (when a borehole is drilled and then water is pumped into big tanks on a higher ground) are used as there are few areas with rivers. From there, gravity is used to send the water to the homesteads. Taps are not put into every homestead but a small number of homesteads share a tap, not allowing homesteads to cross roads to go and collect water. Also natural water sources especially in mountains or hills are used for drinking purposes and it becomes cheaper as there are no pumps used but the force of gravity is used to drive the water to taps near homesteads.

Update: The MNRE is planning on developing up to date legislation and structures governing the energy and water sectors by December 2010.

Inside back cover:3-col feature 09/07/2010 11:21 Page 209

The Prime of Swaziland, H.E. Rt Hon Dr Barnabas Sibusiso Dlamini

Outside back cover:3-col feature 09/07/2010 11:26 Page 168