Where the law does not rule.

Where the law does not rule.

The promulgation of the Swaziland Constitution in 2005 gave a glimmer of hope to the eroded respect for the rule of law in Swaziland. This has however been watered down by the many instances whereby the Swaziland government ignores the constitution and goes about doing business the unusual way. The recent defiance of cabinet ministers to vacate their offices following a vote of no confidence that was passed by parliament against them is one of the many occasions that demonstrate the disregard of the rule of law. The sudden change of heart by parliament is a fatal blow to the supremacy of the constitution and the rights of the people of Swaziland. The vote of no confidence was passed in accordance with section 68 (5) of the Swaziland Constitution which provides that ministers shall vacate office if a resolution of vote of no confidence is passed by three-fifths majority of all members of the house. The section however requires that the king dissolves the cabinet after such resolution.

The constitutional provision therefore creates a situation whereby the resolution of parliament has to be endorsed by the king through issuing an order to dissolve cabinet. The king failed to dissolve parliament despite such resolution and as a result members of parliament reversed their decision yesterday. It is very sad to observe that the resolution to reinstate cabinet was hastily taken by a few legislators in complete disregard of the Constitution. One might have expected the king in accordance with the Constitution to make the necessary pronouncement in order to ensure the supremacy of the Constitution and implement the recommendations that were made by the people of Swaziland during the peoples’ parliament in August 2012.

The Constitution which ought to be the supreme law has failed to protect the people of Swaziland. Perhaps it is time for Swazis to find solutions themselves instead of leaving everything to the king; after all he is only a human being.  It would be easy for one to conclude that the law does not rule in Swaziland but only the word of the king has a force of law.