Problem is beyond the ambit of the current constitutional framework
ESwatini needs an all inclusive political dialogue
The only remedy to the current deadlock in eSwatini is an all- inclusive, and mediated political dialogue led by Southern African Development Community ( SADC) and underwritten by supranational organisations.
These organisations should include the African Union, the Commonwealth, the United Nations and or other such body of similar stature as may be agreed by the parties.
This is the assertion by eSwatini Multi Stakeholders, which is made up of about 20 organisations in that country comprising political parties, civic societies, women and youth groups, business community and churches among others. In its response to the SADC Organ Troika deployment of Team of Ministers on a Fact Finding Mission to the Kingdom of eSwatini, which was led by Foreign Affairs Minister Dr. Lemogang Kwape, they demanded that all parties to this political dialogue process should come to the table as equals, with no one party enjoying superior legal status.
SADC has decided to intervene in the crisis besieging eSwatini as pro democracy protesters have taken to the streets with 50 deaths reported in the country. “The total unbanning of political parties will be a critical prerequisite to facilitating a conducive environment as the basis for an all- inclusive dialogue process. “Towards this end, it is critical that the Head of State issues a statement to this effect, denounce violence and intimidation against proponents of multi- party democracy and remove all other impediments to plural politics such as removing the proscription on some entities under the Suppression of Terrorism Act of 2008 as Amended ( STA).
“Putting in place a transitional authority to oversee government and reform of institutions, laws and processes leading up to the first multiparty democratic elections,” the Forum said.
It added that the transitional authority will be drawn from a multi- stakeholder platform representing the broad church that is eSwatini’s society and their primary task will be to level the playing field. According to Multi Stakeholders Coordinating Team chaired by Thulani Maseko, an all- inclusive new democratic constitution should be based on pillars including separation of powers; a justiciable Bill of Rights; equality before the law; gender parity and youth participation and supremacy of the Constitution. It is stated in a letter addressed to SADC Organ on Politics, Defence and Security ( TROIKA), SADC Executive Secretary Dr. Stergomena Lawrence- Tax and the SADC Fact Finding Mission, that a future governance framework based on a multiparty political dispensation where political parties can contest power in a free, fair and credible election that satisfies international standards and norms has to be in place.
The stakeholders posited that the victorious political parties should form government with full executive authority. “We believe that the above reflects the will of the people of eSwatini as expressed in numerous platforms and the recent petitions to their Members of Parliament. “This will guarantee long term peace and stability in the country and allow citizens to move forward with full enjoyment of the right to self- determination and other rights enshrined in international protocols”, the Multi Stakeholders said, reaffirming their previous call for all workers to stay away from work until the army in its entirety is removed from the streets and the safety of workers is guaranteed by the government. “We, representatives of political parties, the church, labour, business, women’s groups, youth, students, civil society and concerned would like to point out to the delegates and the international community that the current turmoil in the country, showing up as social and economic upheavals leading to violence and insecurity are a result of a longstanding political stalemate. “The underlying problem is thus political in nature and requires a political solution that is beyond the ambit of the current constitutional framework or other local structure. “Existing structures render futile any attempts to resolve it via constitutional means as they are severely constricted and unworkable”.