12 APRIL, 2024
In the intricate tapestry of Swaziland’s political history, the issuance of the King’s
Proclamation to the Nation in 1973 serves as a watershed moment, fundamentally altering
the governance structure and diminishing democratic principles. Analyzing these decrees is
not merely an exercise in historical examination but a critical endeavour to envision the
trajectory of legal and political reforms in Eswatini.
The King’s Proclamation to the Nation, 1973: An Assault on Democratic Norms
On April 12, 1973, Swaziland witnessed a seismic shift with the issuance of the King’s
Proclamation to the Nation. This proclamation, seemingly aimed at preserving national unity
and stability, became the anchor for the concentration of power within the monarchy. The
implications of this decree reverberate through the corridors of Swazi legal and political
history:
Repeal of the 1968 Constitution: The abrogation of the 1968 Constitution dismantled the
institutional framework for democratic governance, effectively erasing the checks and
balances that once existed. With supreme authority vested in the monarchy, the bedrock of
constitutionalism crumbled, paving the way for unchecked royal prerogatives.
Suspension of Civil Liberties: Civil liberties, sacrosanct in any democratic society, were
summarily suspended under the auspices of national security. The right to habeas corpus, a
bulwark against arbitrary detention, was relegated to a relic of the past. Freedom of
assembly, a cornerstone of democratic expression, was shackled by draconian regulations,
epitomizing the erosion of basic freedoms.
Dissolution of Political Parties: The dissolution of political parties extinguished the beacon of
pluralism, stifling dissent and entrenching monolithic rule. By outlawing organized political
opposition, the monarchy cemented its hegemonic grip on power, relegating democratic
participation to the periphery.
Judicial Reforms: The abolition of the Judicial Service Commission epitomized the erosion of
judicial independence, subjugating the judiciary to royal whims. With the judiciary
emasculated and stripped of autonomy, the semblance of impartial adjudication was but a
distant memory.
Decree No. 2 of 2001: Cementing Royal Authority through Legal Machinations
Decree No. 2 of 2001 served as a legislative bulwark, fortifying the structure of royal
authority and quashing nascent calls for democratic reform. This decree, while ostensibly
codifying legal norms, entrenched the monarchy’s stranglehold on power:
Continuation of Royal Appointments: The perpetuation of royal appointments to key legal
and judicial positions subverted the principle of meritocracy, corroding public trust in the legal
system. By handpicking judges and legal officials, the monarchy wielded disproportionate
influence over the administration of justice, undermining the rule of law.
Criminalization of Disobedience: Criminalizing acts of dissent or perceived disrespect
towards the monarchy constituted a grave affront to freedom of expression. By weaponizing
legal statutes to stifle dissent, the monarchy erected formidable barriers against political
mobilization, perpetuating a climate of fear and intimidation.
Protection of Royal Authority: Shielding matters pending before the king from external
scrutiny epitomized the opacity shrouding the corridors of power. By immunizing royal
prerogatives from legal scrutiny, Decree No. 2 of 2001 engendered a culture of impunity,
where the monarchy operated above the law with impunity.
The King’s Proclamation to the Nation, 1973, and Decree No. 2 of 2001 constitute indelible
imprints on Swaziland’s legal and political landscape, emblematic of the struggle for
democratic reform. From a LAW-DERSWA perspective, these decrees encapsulate the
entrenched autocracy that has pervaded Eswatini’s governance apparatus. However, amidst
the encroachments on democratic freedoms and the erosion of legal norms, glimmers of
hope emerge.
As Lawyers for Democratic Reform in Swaziland (LAW-DERSWA), we remain resolute in our
commitment to fostering a democratic renaissance in Eswatini. Through legal advocacy,
grassroots mobilization, and international solidarity, we endeavour to dismantle the edifice of
autocracy and usher in an era of participatory governance. The struggle for democratic
reform is relentless, but as custodians of justice and defenders of the rule of law, we stand
undaunted in our pursuit of a more just and equitable Eswatini.