SECTOR 1

“Freedom of expression in Swaziland is thus not absolute and the Constitution is
so broadly worded that it is difficult to define what measure of public morality is
being violated, for example.”
Section 79 of the Constitution states that Swaziland’s system of governance is “a
democratic, participatory, tinkhundla-based system”, meaning that the power of
the state (the king) is devolved to the tribal tinkhundla areas through the various
chiefs.
Practically, this means that the 55 members of the House of Assembly are elected
by community members - in the primary election this is done at chiefdom level
and in the secondary election it is a process at inkhundla level (the inkhundla is
comprised of several chiefdoms). There is indirect influence from the chief who
can either confirm that a person is from a particular constituency (as part of
the quaifications for candidacy) or he can promote certain candidates while
discrediting others 9for example, in a case where q chief basically ‘decampaigned’
a woman from being nominated, on the basis of her being a widow). The king
appoints the remaining 10 parliamentarians.
The monarch also appoints 20 of the country’s 30 senators, while the remainder
are selected by the House of Assembly.
Legally, chiefs cannot be nominated to stand for election through the electoral
process. However, the King is able to, and often does, appoint chiefs as part of
the 10 and 20 members he appoints to the House and Senate respectively.
The passing of legislation is only possible when the King consents to Bills.
Technically, parliamentarians cannot pass legislation without the King’s assent,
so even if the Bills have been passed by the House of Assembly and the Senate,
they remain Bills and constitutionally cannot become law until the king has signed
the Bill as a demonstration of his assent. This power of assent allows the king to
veto Bills that parliament has passed without recourse for another process to have
them passed and enacted.
Of particular relevance to the AMB discussion was the ongoing court case between
the state and human rights lawyer Thulani Maseko and editor of the independent
monthly magazine The Nation, Bheki Makhubu. Both men were charged with
contempt of court for writing articles in February and March 2014 criticising
the kingdom’s chief justice, Michael Ramodibedi and calling on the judiciary to
uphold freedom of expression and the rule of law. The articles were published in
the independent news magazine, The Nation. At the time of the AMB the pair
had been behind bars for more than 115 days and awaiting judgement.
Since conducting the AMB, and in the process of writing this report, Makhubu
and Maseko were sentenced to two years in prison, without the option of a fine.
The sentence was handed down by Judge Mpendulo Simelane in the Mbabane
High Court in Swaziland on 25 July 2014, and follows Makhubu and Maseko’s

AFRICAN MEDIA BAROMETER Swaziland 2014

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