No need for referendum
to approve or reMect it.
“By definition, a referendum is the principle or practice of referring measures proposed or passed by authority, to the vote of the electorate for approval or reMection. There must be a clear and concise question or issue for approval or reMection,´ he said.
Maseko asked: “If there is an issue for approval or reMection in Swa]iland (swatini , what is it"´
He said he did not believe that the question of democracy, human rights and the rule of law were matters for the referendum.
“The quest of a process that would lead to the democratisation of Swa]iland (swatini is not an issue for approval or reMection,´ he said.
He said they unequivocally accepted and believed that the will of the people was indeed the only basis of the authority of a government.
The chairman said such a will should not be subMect to choice, adding that people should e[ercise and enMoy it.
“The dictatorial and oppressive Tinkhundla regime cannot seek to deny and deprive us of our rights by conducting a bogus referendum. It is absolutely unnecessary,´ Maseko said.
“If anything, and if needs be and subMect to those who will negotiate and draft a new democratic Constitution to review by the electorate through a referendum, as a check and balance that its content would be a reflection of the people’s aspirations.´
The human rights lawyer said MS) has noted with disappointment that those who were advocating for a referendum were driven by dishonesty and misguided mischief.
He also mentioned that .ing Sobhu]a II did not consult the people about whether they wanted him to be an absolute monarch when he unlawfully abrogated the ‘Indepencence Constitution’ through the enactment of the April 12, 1 3 'ecree.
The chairman said .ing Sobhu]a simply usurped power and undermined the Constitution, ignoring the provisions for amendment enshrined therein.
Meanwhile, Political analyst Magagula, popularly known as P4, said a referendum was ordinarily being sanctioned ‘after all people are free to talk.’
REFERENDUM
He said political prisoners would have to be released first before a country could hold the popular vote on a certain question. 'r Magagula said the South African referendum was held after 1elson Mandela and others had been released.
He said politicians like P.:. Botha who obMected to it were removed from the leadership of the national party.
“A referendum can follow a national dialogue, but it has to be held
after the ground has been levelled for free-talking and all impediments in terms of draconian legislations have been revoked to allow people to talk freely about any issue of national importance,” Dr Magagula said.
+e said the (swatini political impasse was caused by the fact that people were denied their right to talk.
³We are where we are today because people were denied their right to petition their MPs at tinkhundla centres, the very places recognised by the current system of government as venues for talking politics,” he said.
+e wondered why people were stopped from going to the tinkhundla centres to e[press themselves.
³The country must bring back the right to talk,” he said.
CONSTITUTIONAL REFERENDUM
The Times SUNDA< can reveal that the Constitution of the .ingdom of (swatini was crafted in such a way that only a referendum consisting of the people who voted during the previous election can participate in the constitutional reforms.
It must be said that the powers are vested in the .ing to order a referendum. It can only be held when a majority vote in a joint sitting of Parliament had sanctioned the amendment of the following -
Monarch; ●
([ecutive; ●
Legislature; ●
-udicature; ●
Public finance; ●
Land, minerals; ●
)undamental rights and freedoms; ● 5eads ( ) of the Constitution ³Where a %ill in terms of this section has been duly passed at a joint sitting that %ill shall not be presented to the .ing for assent unless it is approved by a simple majority of all votes validly cast at a referendum in such manner as may be prescribed, at which every person who at the time of the referendum is registered as a voter for purposes of the elected members of the +ouse shall be entitled to vote.”.
Section of the Constitution, which deals with the country¶s system of government, falls under specially entrenched provisions wherein a Parliament vote is not enough to compel the .ing to make changes.
(ven if a Parliamentary %ill seeking to endorse constitutional reforms is passed in a joint sitting of Parliament, the .ing cannot give his assent to the proposed legal provision.
5eads Section ³The system of government for Swaziland ((swatini) is a democratic, participatory, Tinkhundla-based system which emphasises devolution of State power from central government to tinkhundla areas and individual merit as a basis for election or appointment to public office.”
The fundamental political question has been the unbanning of political parties to form a government and subsequent removal of the current system of government ± Tinkhundla System of Government.
Certain political activists in the country felt political parties and the Tinkhundla System of Government can co-e[ist.
Three politicians in +osea MP Mduduzi %acede Mabuza, Ngwempisi MP Mthandeni Dube and former Siphofaneni MP Mduduzi µGawuzela¶ Simelane introduced a new political ideology in (swatini.
They are of the view that the PM, currently appointed by the .ing, should be elected by the people.
Their call for the election of the prime minister was backed by the youth as they delivered petitions to various tinkhundla centres across the country mandating their MPs to support the three MPs in a call for political reforms.
The petition delivery was banned by the then Acting Prime Minister Themba Masuku, resulting in its defiance and subsequent confrontation between security forces and petitioners. The confrontation led to a civil unrest, which culminated in deaths of people and property destruction valued at ( billion (government estimates).
Meanwhile, another critical political question, which can only be answered by the voters in the referendum relates to the powers vested in the .ing in the appointment of the prime minister and Cabinet.
In a political party system, the leader of a party with leading votes in Parliament becomes the prime minister. The political party leader then appoints members of his Cabinet. In monarchies ruled by political parties, the .ing or 4ueen plays a ceremonial role that requires him or her to endorse the appointments or nominations made by the prime minister who comes from the ruling party.
Section of the Constitution reads ³The e[ecutive authority of Swaziland ((swatini) vests in the .ing as head of State and shall be e[ercised in accordance with the provisions of this Constitution.”
Section ( ), which can also be amended by a joint sitting of Parliament in conjunction with voters in a referendum, reads ³The .ing shall appoint the prime minister from among members of the +ouse acting on recommendation of the .ing¶s Advisory Council.”
Subsection ( ) says ³The .ing shall appoint ministers from both chambers of Parliament on the recommendation of the prime minister.”
KING’S POWERS
The referendum has a final say about the .ing¶s powers as well. They can be amended, but the voters who registered for the election must discuss and vote on his powers.
Section ( ) reads ³Without prejudice to the provisions of Section
, .ing and Ingwenyama of Swaziland ((swatini) is an hereditary head of State and shall have such official name as shall be designated on the occasion of his accession to the Throne.”
Subsection ( ) says the .ing and Ingwenyama is a symbol of unity and the eternity of the (swatini nation.
Another key political question is the power that the .ing has in his capacity as the commander-in-chief of the armed forces. +e is also a commissioner-in-chief of the police service and Correctional Services. These powers vested in the .ing cannot be amended as a result of a simple majority vote in a referendum.
Section ( ) states that the .ing and Ingwenyama is the - D Commander-in-Chief of the Defence )orce; E Commissioner-in-Chief of the police service; and F Commissioner-in-Chief of the Correctional Services.