The World Bank INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT EXECUTIVE SUMMARY REVIEW OF THE SWAZILAND INSTITUTIONAL AND GOVERNANCE FRAMEWORK BY GIDEON C. M. DLAMINI SALILE CONSULTING LOT 193 NKOSELUHLAZA STREET P. O. B OX 895 MANZINI PHONE: (00268) 5056327 FAX: (00268) 5058165 EMAIL: salile@realnet. co. sz gideon@realnet. co. sz JUNE 2008
REPORT ON THE SWAZILAND INSTITUTIONAL AND GOVERNANCE REVIEW 1. INTRODUCTION This is a summarized version of a report on a World Bank funded review of the Swaziland institutional and governance framework. The review which focuses on the period between the country’s independence in 1968 and the year 2008 being the year of the review, was meant to be both an analysis and review of the system. The focus of the review is on the Swaziland traditional institutions. It will also be noteworthy that at independence in 1968, the country had a British-Government facilitated constitution which was later repealed in 1973 by King Sobhuza II and replaced by a King’s Proclamation of 1973. The 1973 King’s Proclamation was later repealed and replaced by the 2006 Constitution under which, the Government of Swaziland has committed to the next step in strengthening governance and accountability by mandating the establishment of accountable and sustainable local governments across the country. In preparation for the design and establishment of a new system of local governance, there is a need to define and understand local traditional governance systems and the nature of the interaction between the traditional system and the formal system of governance
2. AN OVERVIEW OF SWAZILAND’S POLITICAL CONTEXT Summary Overview 2. 1. Swaziland is a Kingdom headed by His Majesty King Mswati III who in terms of the Country’s Constitution is an Executive Monarch with all powers that a President Head of State would have. There is a Parliament constituted by the House of Assembly with 65 seats where 55 of the seats are by direct elections from the 55 Tinkhundla (constituencies) centers and 10 seats are occupied by His Majesty the King’s (HMK) appointees largely from special groups; there is also the House of Senate with 30 seats where 20 of the seats are by direct appointment by His Majesty the King again, from special groups (at least 8 of which should be female) and 10 of the senate are elected by the House of Assembly from outside itself (at least 5 of which must be female). The system is not political party based as MPs are freely elected from their constituencies in their individual capacity and value to the community direct into the House of Assembly for a five year period.
2. AN OVERVIEW OF SWAZILAND’S POLITICAL CONTEXT Summary Overview 2. 2 Up until three years ago, the Kingdom was governed by an instrument called the King’s Proclamation to the Nation dated 12 th April 1973. Under this proclamation, all political parties were deregistered and banned together with all political activities and His Majesty King Sobhuza II assumed all legislative, executive and judiciary powers and ruled the country with traditional structures populated by Chiefs and Princes on the one hand a Cabinet made up of a Council of Ministers appointed by him. This new era also gave birth to a strange but real dual system of Government within one and the same country as by design, traditionally; the King derives and uses his royal executive strength through subsidiary traditional structures and institutions such as Chiefs. On the other hand, there still existed and continues to exist a Cabinet with a modern government setup with a civil service designed to operate under a normal government setup and was structured as such. On the 26 th of July 2005 a new Constitution was introduced and implemented.
2. AN OVERVIEW OF SWAZILAND’S POLITICAL CONTEXT 2. 1 Effects of the 1973 Era The pre-constitution political set up brought about four socio-economic and political legacies: 2. 1. 1 Making HMK in charge of all government organs elevated the status of all traditional authorities and structures including Chiefs in a manner commensurate with the power, influence and authority of HMK at their local levels. Tradition by its nature is not totally aligned to change even in the face of a real need for change. This also had the effect of cementing traditional leadership authority influence and practice. 2. 1. 2 A dual system of Government all under HMK was created in that the traditional structures existed side by side the modern governance structures headed by the Prime Minister, Cabinet and the Civil Service. These two systems existed and continue to exist independently of each other and were and continue to be optimized independently and separately at the expense of the other, yet using the same national resources
2. AN OVERVIEW OF SWAZILAND’S POLITICAL CONTEXT 2. 1 Effects of the 1973 Era 2. 1. 3 A situation was created whereby the traditional structures were given charge of all the country’s natural resources especially on Swazi Nation Land (estimated at about 70%) including people resources. Swazi Nation Land (SNL) is non-title deed land which is owned by the King in trust for the Swazi Nation but delegated to the Chiefs for total administration and allocation free of charge to the country’s citizens. Chiefs on the other hand have no say in national governance issues and yet they have total control over both the natural and people resources especially on Swazi Nation Land where more than 70% of the population live.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms Institutional Arrangements A Chiefdom is the lowest and only formal local traditional government. Each Chiefdom is headed by a Chief who rules a designated local government area with an Inner Council called Bandlancane (kind of a local government authority at the chiefdom level). There about four hundred chiefdoms country-wide.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms Roles and Functions Contrary to what obtains with the Regional Administration and Tinkhundla, Chiefs are currently empowered to pass local laws which are binding, allocate land, give and or withdraw Chiefdom citizenship, maintain law and order, levy fines, carry out localized development planning etc. They derive these powers from the traditional stream which recognizes them as local kings and are directly responsible to HMK.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Chief The Chief is the executive head of the chiefdom. The position of Chief is hereditary. Traditionally, a typical Chief will be polygamous and as such the choice of a successor is chosen according to the standing and character of one of the Chief’s wives. In short, it is the women that are installed as queen and, on her basis, her son become the next Chief. Of note here is that a new chief is only chosen after his father dies. It is against Swazi tradition to even identify an heir while the Chief is still alive.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Senior Princes These are the chief-makers who decide on who after the demise of a chief shall be the next Chief who is then recommended to the King for appointment. This is a body that will even overrule the Chief if in their view he is being unreasonable or making wrong or bad decisions.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Bandlancane (Inner Council) This is the Inner Council or executive arm of the chiefdom and is headed by an Indvuna. This is the body that has overall responsibility for the rule of law, peace and security of citizens, development, health, food security, land planning and management etc. The Indvuna is also the overall chairman of general community meetings.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Umsumphe Each chiefdom is divided into smaller informal local governments (communities) or sigodzi with one or more people identified by the community and appointed by the Chief as a Chief’s representative called Umsumphe in that area. Such a person is supposed to be belonging to a family tree of the oldest settlers in that community and basically knows the history and origin of all the homesteads
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Umgijimi (Chief’s Runner) Is a sigodzi Chief’s messenger who is appointed by the Chief in consultation with Bandlancane and Umsumphe. He carries royal messages from the Chief to the people and visa versa but also has responsibility to represent the Chief or Indvuna as commissioner of auth for purposes of acquiring personal identities, passports, birth certificates etc.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Emaphoyisa Emmango (Community Police) A recent development in the past six or so years has been the emergence of community police throughout all chiefdoms. These are identified by the Umsumphe and recommended to the Chief via Bandlancane for appointment. They play the role of being a community extension of the Royal Swaziland Police Service.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Umgcugcuteli (Community Health Motivators) These are respectable individuals within a sigodzi who will have responsibility for health and social issues. In recent times these have been trained as counselors and caregivers on HIV and AIDS (prevention and caring and support) and also promote healthy living, caring for orphaned & vulnerable children and the elderly including identification of those in most need.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Indvuna Yemajaha Each chiefdom has a male regiment call Emajaha (male regiment) headed by an Indvuna called Indvuna Yemajaha. Emajaha mainly perform traditional ceremonies such as dances, ploughing of royal feels both at chiefdom and for the King at national level. They also look after the maintenance of the royal kraal. Unlike the women (Lutsango Lwaka. Ngwane) this regiment has not made any visible attempt to mobilize itself for business and other life enhancing projects.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Key Participants Non-Governmental Organizations Each chiefdom will have a number of nongovernmental organizations ranging from religious groupings, sports, business and social associations, AIDS support groups, pre-school, orphaned and vulnerable children and the elderly groups etc.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Sources of Financing Currently, there is no formal budget allocation from central government that is allocated to chiefdoms as chiefdoms. Chiefdoms benefit indirectly and directly from national programs such as education, health, transport, food security etc. The chiefdom does raise a minimum amount of finance from sources such as; - Inhlawulo (Fines from small time offenders), Kuhkhonta (chiefdom citizenship application fees), Call for contributions for a development project such as a rural water or electricity supply scheme, a new school or expansion of a school, a clinic, a bridge, a play ground etc, calls for contributions are also made for the construction or rehabilitation of the royal kraal, Donations and such other sources as projects grants from the Inkhundla
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Chiefdoms - Quasi-legal Responsibilities Unlike other local governments, a chiefdom and urban governments are the only local governments that have traditionally been allowed to pass and enforce bye laws that are not in conflict with the constitution of the time.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla Institutional Arrangements of an Inkhundla Each Region is divided into Tinkhundla centres (constituencies) which also facilitate elections of Members of Parliament and the local Inkhundla Government. Each Inkhundla is divided into Chiefdoms which also facilitate elections of the Inkhundla legislature/council called Bucopho.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla Roles and Functions of an Inkhundla – They are used as constituencies for national and local government elections. They produce a Member of Parliament and Indvuna Yenkhundla. – Coordination and monitoring of development projects for the Inkhundla – Coordination of development planning for the Inkhundla – Coordination of social grants for the elderly and for orphaned and vulnerable children. – Coordination of donor funded projects from development partners – Be an oversight for development projects taking place at chiefdoms level – Coordination of food aid for relief – Facilitate the issuing of birth certificates, personal identification cards, marriage certificates, death certificates, passport application etc.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla The People The Inkhundla electorate has by right a lot to say about the political, social and economic activities under the Inkhundla.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla The Member of Parliament The country’s political system is such that people including MPs are elected into public office on the basis of their development value to the community or Inkhundla. As a result, even though the MP is also a legislator in Parliament, he/she was elected on the basis of his record in development issues for the Inkhundla as such the development promises they make during campaigns require them to always play a full role in the development of the Inkhundla
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla The Indvuna Yenkhundla is the political head of the constituency/Inkhundla. This is a political office which overall responsibility for the coordination of the Inkhundla functions. The Indvuna Yenkhundla also chairs the Inkhundla local government council.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla The Bucopho (Inkhundla Local Government Council) Bucopho is the Inkhundla local government council which comprises of elected representatives from the chiefdoms. The Indvuna Yenkhundla chairs this council
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla Chiefs by virtue of the traditional powers and authority vested in them control all the natural resources under an Inkhundla such as water, land vegetation. The Inkhundla has no title to Any land except where the Inkhundla offices are built but, even then, that piece of land belongs to one of the member chiefs only that it is leased to the Inkhundla
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla Development Partners Several development partners and NGOs and government agencies play various development roles in an Inkhundla.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Key Participants within an Inkhundla Non-governmental Organizations Including Sports Several sports bodies but largely soccer form themselves into associations and clubs to further their sports interests. Several NGOs also continue to play a leading role in the development of the Inkhundla including food aid distribution and general oversight. Most NGOs and donor agencies now use Tinkhundla centres to coordinate local aid.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Sources of Financing Currently the only funding source for an Inkhundla is a central government allocation for salaries & allowances, development projects and for incidentals. No levies are currently imposed by an Inkhundla on local institutions.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Tinkhundla - Quasi-legal Responsibilities An Inkhundla has no legislative powers currently and also does not have any law enforcement responsibilities or capacity. The new constitution recognizes an Inkhundla as a body corporate.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration Institutional Arrangements The Country is divided into four administrative regions namely Hhohho, Manzini, Lubombo and Shiselweni. Each Region is headed by a Regional Administrator who is a Regional Minister appointed by and accountable to both the Head of State and the Minister for Regional Development and Youth Affairs and is equivalent in status to a Deputy Minister under the Minister for Regional Development and Youth Affairs.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Key Participants The Regional Administrator The regional Administrator is the political head of the Region with a status of a Deputy Minister. He is appointed by the Head of State for a five year period. The Regional Administrator’s role is limited to the business of the Ministry of Regional Development and Youth Affairs and has no official role to play on issues such as health, education, economic development, sports, agriculture etc.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Key Participants The Regional Secretary who is a civil servant under the Regional Administrator’s office is the senior most civil servants at regional level. He is employed by the Civil Service Commission which is a national civil service employment body. He also chairs the Regional Development Committee, an informal committee formed of all the Ministries’ regional heads.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Key Participants Courts of Law The courts of law are decentralized down to regional level with a Senior Magistrate heading the regional judiciary.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Key Participants NGOs Including Sports The NGO sector is active at regional level even though most of them do not have fully fledged regional offices. They are mostly centralised with an administrative presence at regional level. Sporting bodies are also one of the well organized regional bodies with strong decentralized political and administrative powers.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Sources of Financing The country’s governance system is currently centralised. A Local Government Bill which the author of this report was involved in its drafting sought to implement the spirit of the constitution through a decentralisation programme was in the making at the time of writing this report. Consequently, the regional administration has no power to raise funds or even develop a meaningful budget. The customs and revenue offices are just extensions of the central customs and revenue offices including the treasury function.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Regional Administration - Quasi-legal Responsibilities Currently, the regional administration has no legislative function or responsibility. Again, the Local Government Bill that was being promulgated at the time of writing this report sought to give legal, financial and legislative powers to the regions including development planning and budgeting powers
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Institutional Arrangements Urban governments which include City Councils, Town Councils and Town Boards are governed by the Urban Government Act. City and Town Councils democratically elect their own Governments. For Town Boards which are smaller towns, the Board is appointed by the Minister for Urban Government.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Roles and Functions Urban governments like chiefdoms are the only local governments that enjoy a significant degree of self government. They have power over title deed urban land are fully responsible for the physical planning, budgeting and spending. They also elect councilors who in turn employ the Chief Executive Officer in concurrence with the responsible Minister.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Key Participants Council including Council staff are responsible for the day to day legislative and administrative affairs of the urban local government.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Key Participants Ratepayers have a strong collective body in each urban government. They elect council members.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Key Participants Business The business community is an active constituency within an urban government. Unlike the ratepayers, business is not currently organized into something like a city chamber of commerce. The net effect of this is that council tend to be populated by ratepayers with little or no business people at all.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Key Participants Government Central government is a major player with an urban government setting. Firstly she provides financing for the business of urban governments. Secondly she provides public services in the areas such as education, police and security, health, fire services, roads infrastructure, the courts and others.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Sources of Financing The Act only allows Urban Governments to raise money through property tax called rates and the rest of the budget money is an allocation from central Government largely based on the difference between what can be raised as local property tax and the overall budget.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Urban Government - Quasi-legal Responsibilities Urban governments do not have legislative powers. They only make bye laws to safeguard use of council facilities.
3. KEY STAKEHOLDERS IN THE TRADITIONAL SWAZI GOVERNANCE SYSTEM Parliament The Parliament of Swaziland in terms of its structure and operations is as described under chapter VII clause 79 -137 of the constitution of Swaziland. As a summary description of the system of government, clause 79 explains the system as “. . a democratic, participatory, tinkhundla-based system which emphasizes devolution of state power from central government to tinkhundla areas and individual merit as basis for election or appointment to public office”. The parliament of Swaziland has two houses being the House of Senate and the House of Assembly. The composition of the houses of parliament has been explained under 31. 1 above.
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Tibiyo Takangwane is an organization created by Royal Charter on the 19 th August 1968 two weeks before the country’s independence from the British. Its primary purpose was to acquire investments and also manage business projects on behalf of the Swazi nation. All investments are registered in the name of the Ingwenyama as trustee for the Swazi nation. Tibiyo is primarily a development agency but also has a role to assist in the promotion and preservation of Swazi culture and traditions and also to assist in the education and training of Swazis through scholarship assistance. Even though in recent years KPMG international has been auditing the accounts of Tibiyo, the business and financial operations of Tibiyo are not subject to scrutiny either by parliament or the Auditor General’s office. Tibiyo does not pay taxes except that a significant amount of its income is derived from dividends from investments which would have been declared from profits after tax.
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Tibiyo Takangwane - Governance Structure The Board of Directors for Tibiyo Taka Ngwane comprises a fourteen member team inclusive of both executive and non-executive members. The Managing Director, the General Manager Finance and the General Manager Administration who is also Board Secretary are three executive members of the Board. The whole Board including the Chairman are appointed by His Majesty. The Board has two subcommittees being those of the audit committee and the remuneration committee.
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Tibiyo Takangwane - Operational structure The operating structure for Tibiyo Taka Ngwane comprises traditional key departments such as Managing Director’s office, Finance and Investments, Administration, Cultural and Traditional Affairs, Education and Public Affairs, Information Technology, Legal Affairs
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Tisuka Takangwane - General Tisuka Taka. Ngwane (Tisuka) have the same status as Tibiyo with the only difference being that Tisuka have not seen the same growth as Tibiyo over the years. They are a small almost forgotten entity in the public circles. Tisuka were also established by Royal Charter in the year 1976 with the same objectives as Tibiyo Taka Ngwane with a major difference being that the trust would be more under the office of the Indlovukazi in terms of control while Tibiyo is more on the side of the King
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Tisuka Takangwane - Governance Structure Tisuka is a Trust that is held by the Indlovukazi (Queen Mother) in trust for the Swazi Nation. Tisuka have a Board of Directors which contrary to the Tibiyo one, is appointed by the Indkovukazi (Queen Mother). There was no identified documented vision, mission or even objectives of Tisuka as they have not even produced an annual report for many years. Tisuka like Tibiyo is not subject to parliament scrutiny, auditor general’s scrutiny nor do they pay taxes
4. OPERATING STRUCTURES OF NATIONAL TRUST ENTITIES Swaziland National Trust Commission (SNTC) The Swaziland Trust Commission is a public enterprise established by of parliament number 9 of 1972. Unlike Tibiyo and Tisuka, SNTC does undergo public scrutiny through parliament as it reports to a cabinet minister.
5. ROLE OF THE MONARCHY IN THE GOVERNANCE OF THE SWAZI STATE Clause 106 (a) of the constitution states that “ … the supreme legislative authority of Swaziland vests with the King-in-Parliament. . )There are two important people under the office of monarchy. These being the King and the Indlovukazi (Queen Mother) who is the King’s mother. They both almost have equal powers except that it is the King that has the responsibility of state headship. The role of the Monarchy has to be viewed from three perspectives as follows; -
5. ROLE OF THE MONARCHY IN THE GOVERNANCE OF THE SWAZI STATE The King as an executive Monarchy The King as an executive head of state performs all duties that would be found in any executive president or Prime Minister head of state. The huge difference is that a King is born and not elected and as such he is a permanent executive head of state as long as he shall live. The King as head of state performs the following key functions as per the constitution; - Ø Ascending to Bills and signing them into legislation. Ø Appoints of the Prime Minister who is head of government , the cabinet and key executive positions in the civil service and the army. He appoints Principal Secretaries, senior executives in the army, police and correctional services supposedly on the advice of the Prime Minister. Ø Appointment of his quota of MPs
5. ROLE OF THE MONARCHY IN THE GOVERNANCE OF THE SWAZI STATE The King as head of the traditional governance The role of the monarchy under the traditional system is quite unique. Amongst other things his title changes from king to Ingwenyama (lion). As Ingwenyama, the King; - Ø Appoints and removes Chiefs. Ø He also passes judgments on their issues usually it is conflict related to boundaries with neighboring Chiefs, land disputes, succession disagreements in terms who the next Chief should be or just any other dispute. Ø Participates in traditional ceremonies and rituals as centre stage person Ø He also plays the role of being a national unifying figure as he is supposed to be non-partisan. Ø Management of Swazi Nation Land (SNL). All non-title deed land in Swaziland which accounts for about 70% is under the King’s ownership in trust for the Swazi nation. Most if not all of this land is currently under the Chiefs’ administration as delegated by the King
5. ROLE OF THE MONARCHY IN THE GOVERNANCE OF THE SWAZI STATE The Indlovukazi (Queen Mother) The office of the Indlovukazi does not play any significant public state role outside the King’s office. Of late this office has grown to be very active in charity work. Of significance is that once the King passes on, the Indlovukazi immediately take full charge as an executive head of state up until a new King is installed and a new Queen Mother (mother of the new King) is installed.
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT General Observations The Swaziland situation is such that because of the executive nature of the King’s position, we have a dual system of government which is inherent in this political order. The fact that the King is also called Ingwenyama which resembles his traditional headship has not made the situation any easier to manage and operate.
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT Duplication of functions At the national level, the traditional structures including committees, commissions and councils draw money from the consolidated fund. A number of these bodies are duplicating what the Prime Minister led government does in terms of providing advice to the King. A lot of the time these advices are contradictory thereby creating a stalemate in decision-making and worse still in the operations of government.
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT Unity in Parliament Observations were made on a number of occasions whereby those MPs who were appointed by the King into Parliament tended to be overly cautious about issues that may not sit well with the King or a simple display of loyalty to the appointing authority at the expense of national interest
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT Constitutional Issues on Swazi Law and Custom Clause 115 (7) of the constitution states that any matter that would alter or affect Swazi Tradition and customary shall be regulated by Swazi Law and Custom. The things considered to traditional and customary are; Ø Status, powers, or privillages, designation or recognition of the Ngwenyama (King), Ndlovukazi (Queen Mother) or Umtfwanenkosi Lomkhulu (Senior Prince) Ø The designation, recognition, removal, powers, of chief or other traditional authority Ø The organization, powers or administration of Swazi (customary) courts or chiefs’ courts Ø Swazi Law and Custom, or the ascertainment or recording of Swazi Law and Custom Ø Swazi Nation Land Ø Incwala, Umhlanga (Reed Dance), Libutfo (regimental system) or similar cultural activity or organization
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT Bill of Rights Vs Traditional Authorities Chapter III of the constitution provides for the usual universal Bill of Rights which has the effect of empowering citizens alongside a Swazi traditional administered system. Swazi Law and Customs is not significantly aligned with the universal Bill of Rights. The King is inherently the custodian of Swazi Law and Custom and, the King is above the law
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT Systematic leadership capacity development Even though the traditional authorities have so much power and, in terms of the current political and social setup, a lot depends on them but there is no leadership capacity building programme in place to help traditional authorities cope with the task before them.
6. REFLECTION ON THE DUAL SYSTEM OF GOVERNMENT National Coordination Structures for Traditional Leaders The about four hundred Chiefdoms in the kingdom, all severally report directly to His Majesty the King with a total absence of any formal coordination structure or system. There are no formal regional and or even sub-regional coordination structures for chiefs. The effect of this is that while Chiefs have all this power over the people and resources, yet there is no national system to regulate their actions or even help them answer questions or challenges which they always have given that there is no school for Chiefs. One of the major challenge facing chiefs is conflict management
7. REFLECTION ON THE OPERATION OF TRUSTS Accountability It has always been a sore issue amongst Swazis that the operations of the trusts is not as transparent and that nobody really knows what is happening except for speculation. More visible actions seem to indicate that these trusts are mainly a source of funds for the royal family. The fact that both parliament and government have no say in these trusts is worrying. It is obvious that over time, people will get increasingly restless about this issue.
7. REFLECTION ON THE OPERATION OF TRUSTS Contribution to National Revenue The fact that these trusts do not pay tax and of late, Tibiyo is not participating in any new job-creating investments. It is obvious that bringing Tibiyo under government eye will improve transparency.
8. CONCLUSIONS The role of the Monarchy in the Swazi State It is obvious that the dual governance in Swaziland is something that has been cemented over time and, the dual governance is inherent in an executive monarchy situation because for the Monarchy to justify itself and distinguish itself from a dictator, it has to replicate itself through Chiefs in order to legitimize its existence otherwise without the strong link with the Chiefs, the King becomes a dictator if he would still hope to remain executive.
8. CONCLUSIONS The Traditional Local Government Structures Traditional local government structures that have been identified are those of Chiefs. It has become obvious that due to the executive nature of the Monarchy, Chiefs wield a lot of power and authority and yet they have no technical and leadership capacity to exercise this power and authority in the national interest.
8. CONCLUSIONS The Treatment of Trusts Trust are huge economic players and as such, huge income earners, the fact that they do not pay tax, while minerals levies are taken over by the Tisuka suggests that there is a need to review this position if Swaziland were have a successful turnaround strategy on issues of poverty, hunger, unemployment etc.
8. CONCLUSIONS Implications for the Decentralisation Programme It would appear that upgrading the leadership and administrative capabilities of Chiefs and integrate their business into the main stream of governance is the way to go if we are to minimize the negative impacts of dual governance. This would also include remunerating them accordingly so that they feel duty bound to harmonize their actions to one system of government. Over time, lessons can be learnt from such an initiative that will allow more sustainable change or modificaations to take place. The Decentralisation programme is just the tool to make this happen. Given the constitutional executive status of the Monarchy including Chiefs, it would be futile to even begin to plan for a Swaziland without an executive Monarchy or even Chiefs in the short to medium term. The idea then is, through the Decentralisation Programme and within practical reasoning, make Chiefs effective local government at the grass roots level which should be accompanied by institutional strengthen and capacity-building. Such capacitybuilding would also involve clearly eliminating all causes of conflicts amongst and within chiefdoms.
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