Is Swaziland inching towards some form of multiparty democracy?
The country's new constitution, finally proclaimed last month by King Mswati III, Africa's last absolute monarch, contains a bill of rights upholding freedom of speech and association. But does this mean political parties are now free to contest elections, for the first time since King Sobhuza II scrapped the constitution and banned political parties in his infamous April 12 1973 decree?
The Congress of SA Trade Unions and the Swaziland Solidarity Network plan to blockade the country's border posts on that day next month.
Diplomats accredited to Mbabane say their understanding is that parties are still outlawed, as the 1973 decree has been subsumed under the new constitution, "so parties cannot stand for election, but individuals can".
The issue is hotly debated.
"I would argue that parties are not precluded from contesting the Tinkundla [traditional constituency] system even though it is controlled by the traditionalists . . . It is a challenge for the political parties," says University of Swaziland political scientist Nomthetho Simelane. She says parties are not provided for under the electoral system, which stipulates that the Tinkundla system applies.
Under this system, the kingdom is divided into 55 tinkundla (constituencies). Each elects a representative on an individual as opposed to party basis, to the house of assembly. They in turn elect 10 more members to constitute the 65-member lower house. There is also a 30-member senate, two-thirds appointed by the king, from which most cabinet ministers are drawn.
Among the parties pushing for clarity is the Ngwane National Liberatory Congress (NNLC), says its president, Obed Dlamini (70), who served as prime minister of the country from 1989 to 1993. The NNLC was founded by the charismatic Dr Ambrose Zwane and banned in 1973. "We are challenging all those areas, such as whether parties can now operate legally," says Dlamini.
But with what body does the NNLC intend to register?
"We are going to register the party with the registrar of companies - it is a test case," says Dlamini, a former teacher and secretary-general of the Swazi Federation of Trade Unions, from 1970 to 1986. He says the authorities were forced to call upon him to serve as prime minister at a time when "teachers and civil servants were up in arms".
"The king knows me very well. King Sobhuza was my cousin. That is an advantage to me," he says.
Asked whether parties can operate, government spokesman Percy Simelane says: "The 1973 decree fell away when the new constitution came into being, and I have a strong feeling that some kind of structure is being put together for the registration of parties."
It is the clearest indication yet that a change could be in the offing.
However, there is "no way" the Tinkundla system can be done away with, he adds.
Simelane says the attorney-general (AG) will be charged with establishing the structure for party registration.
Asked to comment, the AG, Majahenkaba Dlamini, says nothing in the law allows for the registration of a party, though "the constitution does not deny that possibility - but we need guidance from government on what constitutes a political party. The matter has to be addressed as some parties have applied for registration."
The AG also says the courts have the authority to interpret the constitution, which "does limit the monarchy to the extent that the king has to act in accordance with it", but that the king "remains the final authority".
The opposition People's United Democratic Movement (Pudemo) says Swaziland is at crisis point and that the new constitution is but an upgraded model of the oppressive 1973 decree. Leader Mario Masuku says the process of its formulation was controlled by the king and a prince and its contents make the situation worse than it was before. Masuku questions whether the bill of rights is enforceable by the courts. He says the legislature is not independent and that the king remains above the constitution and appoints the prime minister, the powerful Swazi national council and all constitutional bodies.
"The majority of Swazis want a constitution that embraces the will of the people," says Masuku, who rejects the contention that most Swazis are happy with traditional authority as exercised by Mswati. "I also like my culture, but I disagree that people approve of dictatorship and do not want political parties to represent them. There has not been a plebiscite on the issue," he says.
Masuku says the Swazi economy, which is contracting , is centred on the king - "he orders the finance minister how to spend". The king also heads one of the country's biggest conglomerates, Tibiyo, and his misspending amid deep poverty - for example on palaces and luxury vehicles for his 13 wives - is proof of an extravagant regime that relies on the police and the army to safeguard the status quo.
Masuku says that as 52% of Swaziland's revenue comes from the SA-dominated Southern African Customs Union , SA should use this leverage to press the country to respect the rights and good governance called for under the New Partnership for Africa's Development.
Presenting his credentials to Mswati last month, British high commissioner Paul Boateng said: "We hope the government and the people of Swaziland can all use this moment to reflect, and to use the constitution as an opportunity to pursue and develop and modernise political and economic systems, such as lifting the ban on political parties and opening the way to dialogue with all interested groups."
Last month the IMF reported that economic growth in the country had weakened over the past decade. Real GDP growth decelerated 2,1% in 2004 and 1,8% in 2005.
