JURISTS JOIN ATTACK ON SWAZI STATE

Swaziland is under attack again from the international community for ignoring the constitution and violating freedoms.

This time it is the International Commission of Jurists (ICJ) which criticises the Swaziland Supreme Court for last month (May 2009) siding with the Swaziland state and confirming a constitutional right to ban political parties in the kingdom, which is ruled by King Mswati III, sub-Saharan Africa’s last absolute monarch.

The ICJ was commenting on the case involving the National Constitutional Assembly which went to court to prove that the constitution actually allows parties, rather than bans them.

The Swaziland Supreme Court ruled that excluding political parties from the electoral process did not constitute a violation of freedom of association as guaranteed by article 25 of the Swaziland constitution.

The ICJ said the Swaziland Supreme Court failed to uphold fundamental rights which are constitutionally guaranteed.

ICJ in a statement issued this week said the Swaziland Supreme Court’s ‘restrictive approach seriously violates the freedom of association and restrains the scope of freedom of expression and the right to participate in public affairs.

‘As an essential component of the right protected under article 25 of the Swaziland Bill of Rights, the freedom to form and join political parties is protected by article 10 of the African Charter on Human and Peoples' Rights and article 22 of the International Covenant on Civil and Political Rights, to which Swaziland is a State Party.’

In that respect, ‘Swaziland courts have an obligation to give full effect to the rights and freedoms guaranteed in those instruments.’

The ICJ is not the only internationally-respected organisation to call for political parties to be made legal. Last November, following Swaziland’s elections, the Commonwealth Expert Team (CET) reported that the Swazi Government was party to a number of international agreements on human rights ‘It is widely accepted internationally that democracy includes the right of individuals to associate with and support the political party of their choice,’ the CET stated.

The CET called for Swaziland’s constitution to be rewritten to ‘ensure that Swaziland’s commitment to political pluralism is unequivocal’.

Also at the time of the elections, the Pan African Parliament said, ‘The non-participation of political parties makes these elections extraordinary from any others but we hope with time things will change.’

To read the full ICJ report click here.

SWAZILAND COURT RULES ON PARTIES

Only in Swaziland. Supreme Court judges have ruled that although political parties are banned in the kingdom, there is nothing to stop individual party members standing for elections.

I know. I don’t understand it either.

This judgement was described as a ‘landmark’ by the Swazi Observer, the newspaper in effect owned by King Mswati III, sub-Saharan Africa’s last absolute monarch.

The Swaziland Supreme Court had been asked to rule on a case brought by a group of democrats who want to see power shifted away from King Mswati, sub-Saharan Africa’s last absolute monarch, to the people.

They claimed that the Swazi Constitution that came into effect in 2006 was inconsistent in that one section said there was freedom of association, but another section said there could be no political parties.

I’m no legal expert, but I can see the two sections don’t add up. Unfortunately, the judges didn’t want to see it that way and ruled there was no conflict.

The judges said people could be members of a political party and they could stand as individuals and then once elected link up as a group. So does that mean they stood as a party or as individuals? You decide.

At least one of the judges saw the absurdity of the ruling.

Justice Thomas Masuku in a dissenting judgement said the idea that it is possible to get elected as an individual basis and then link up with others who share similar views was a bit like a boy who intends to enrol in a school which is exclusively a girls’ school.

‘To avoid being detected at admission, and in violation of the school requirements, he titivates himself, paints his hair and does all necessary preparations to be regarded and perceived as a girl, with hope that once inside, he will show his true colours and identity. ‘

So there you have it. If you want democracy in Swaziland you have to become a transvestite.