Constitutional Law at Eswatin
🇸🇿 Constitutional Law in Eswatini
Eswatini, formerly known as Swaziland, is a landlocked country in Southern Africa with a unique political and constitutional framework. Its Constitution was adopted on July 26, 2005, and it is the primary legal document that governs the country. The Constitution restored the monarchy's powers while attempting to balance them with the rights and duties of the citizens and government institutions.
đź“ś Core Features:
Form of State: Absolute Monarchy with elements of a Constitutional Monarchy
Supreme Law: Constitution of Eswatini (2005)
Legal Hierarchy: Constitution → Laws of Eswatini → Customary Law → Statutory Laws
🏛️ Key Institutions and Structure:
Monarchy:
King (Ngwenyama): The monarch holds significant executive and legislative powers, including the authority to appoint the Prime Minister and other government officials. The King is central to the country's governance, playing a pivotal role in decision-making.
Queen Mother (Indlovukazi): The Queen Mother holds a ceremonial and symbolic role, traditionally involved in the governance process, particularly during the selection of the King.
Executive:
Prime Minister: Appointed by the King, the Prime Minister is the head of government, responsible for overseeing the daily administration of government functions. The Prime Minister leads the Cabinet and implements policies.
Cabinet: Composed of ministers appointed by the King, who hold executive powers and are responsible for running various sectors of government.
Legislative:
Parliament: Eswatini has a bicameral legislature with two chambers:
Senate: Composed of 30 members, many of whom are appointed by the King, the Queen Mother, and the House of Assembly, with some elected by traditional structures. The Senate acts as a revising chamber, reviewing legislation passed by the House of Assembly.
House of Assembly: Composed of 65 members, some elected directly by the people, while others are chosen by the King. The House of Assembly debates and passes laws, though the King holds the power to approve or reject legislation.
Judiciary:
Supreme Court: The highest court in Eswatini, responsible for judicial review and ensuring laws comply with the Constitution.
High Court: The High Court deals with major civil and criminal cases and can hear appeals from lower courts.
Traditional Courts: Eswatini’s legal system also includes customary law, which is applied by local traditional courts in rural areas. These courts deal with matters like family disputes and property rights.
🛡️ Fundamental Rights:
The Constitution of Eswatini guarantees several fundamental rights, though these rights can be limited by the King or government in certain cases. These include:
Freedom of expression (with restrictions, especially concerning criticism of the monarchy)
Freedom of assembly and association
Freedom of movement
Right to a fair trial and legal protections
Protection from torture and degrading treatment
Rights to property and economic participation
However, political rights and freedoms are often limited, particularly regarding the formation of political parties. The country is often classified as an absolute monarchy, meaning the King retains substantial control over the political process.
🛠️ Constitutional Safeguards:
The Constitution provides some safeguards for human rights but also allows for restrictions, particularly in the context of national security, public order, and the monarchy’s authority.
The King’s role in governance is central and cannot be challenged by the legislature, though the judiciary serves as an independent body in theory.
The Senate and House of Assembly have a limited role in lawmaking, as the King holds veto power and can appoint members to the legislative bodies.
🔧 Amendments:
Amendments to the Constitution require a majority vote in both the House of Assembly and the Senate. However, the King’s approval is still necessary for any changes to be final, meaning the King retains significant power in constitutional amendments.
In practice, constitutional amendments tend to favor the strengthening of the monarchy’s powers, making it difficult to challenge the status quo.
🌍 International Relations and Customary Law:
International Treaties: Eswatini has signed international treaties that are consistent with its constitutional framework, but its participation in certain international human rights frameworks may be limited by domestic policies that prioritize the monarchy.
Customary Law: Customary law is a vital part of the Eswatini legal system, especially in rural areas. It governs areas like marriage, inheritance, and land use. Customary law coexists with statutory law, though statutory law often overrides traditional legal practices in the courts.
🔍 Special Notes:
Political Context: Eswatini has faced international criticism for its political system, which does not allow political parties to compete freely in elections. Political dissent, especially against the monarchy, is tightly controlled.
Recent Protests: The country has experienced protests and civil unrest in recent years due to the growing demand for democratic reforms and greater political freedoms.
Conclusion:
The Constitution of Eswatini reflects a delicate balance between modern constitutional frameworks and traditional monarchical governance. While it guarantees some rights and freedoms, the absolute power of the King limits the scope for democratic reforms and opposition. The tension between customary law and statutory law also plays a significant role in shaping the legal landscape.
RELATED Blog
0 comments