Swaziland: Repression, reform and resistance (2001-2007)

Updated August 2008

As early as February 1999, after the publication of a report analysing the potential impact of HIV/AIDS on Swaziland, King Mswati III declared the plague to be a national disaster (Daly 2001, 23). The epidemic had already taken hold, however, and the estimated prevalence rate stood at 23% by 2001 and by 2005 the estimate was 33.4% (Daly 2001, 22; Macmillan & Levin 2007, 1159). In June 2005 the Co-ordinator of for AIDS Prevention estimated that one in every 15 children had been orphaned by the epidemic and that by 2010 one in eight children would be orphaned by AIDS (Macmillan & Levin 2007, 1159). In 2006 it was estimated that one in ten Swazi households were sibling-headed (American Center for International Labor Solidarity 2006, 5). The consequences, in terms of loss in human life, suffering, social devastation and labour force loss, have been devastating.

In the new millennium the economy stagnated and economic growth fell to an average of a little over 2% a year compared with an average of 3.6% a year in the 1990s, while real per capita income growth fell from an average of 3% per annum to about 0.5% from the mid-1990s onwards (IMF 2008, 6, 24). However, income distribution was extremely unequal, with the wealthiest 10% of the population obtaining 43% of income (Dlamini 2005, 68). Because of high levels of inequality in the distribution of wealth and income combined with growing unemployment, this has led to increased impoverishment amongst the bulk of the population, "poverty has risen from 66 percent in 1995 to 69 percent in 2001 and is perhaps higher today" (IMF 2008, 24). Primarily as a result of the HIV/AIDS crisis, population grow rates declined rapidly from 2.5% in 2001 to 1.7% in 2006, while unemployment hovered around 30%, though an estimate by the International Labour Organisation (ILO) put unemployment at 40% in 2006 (IMF 2008, 57; American Center for International Labor Solidarity 2006, 5). The ILO survey estimated that formal sector jobs had shrunk from 65 000 in 1982 to 20 000 in 2006 (American Center for International Labor Solidarity 2006, 5). The erosion of jobs was at least partly attributable to the virtual collapse of the Swazi textile industry as a result of the end of the Multi-Fibre Arrangement in January 2005 and competition from Asian producers, as well as low sugar prices on the world market (American Center for International Labor Solidarity 2006, 11, 12). Though government consumption spending rose this neither stimulated economic growth nor ameliorated the plight of the poor, while investment in healthcare and education stagnated (IMF 2008, 5). As many as 23% of children did not attend primary school, spending on healthcare has remained a constant 6% of GDP despite the escalating HIV/AIDS crisis and a quarter of the population required food assistance (IMF 2008, 6, 7; Macmillan & Levin 2007, 1158).

Swaziland continued to be wracked by industrial and social unrest, with government responses to popular protests becoming increasingly heavy handed. In March 2000, following reports of corruption, the government closed its own daily newspaper, the Swaziland Observer and was only permitted to resume publication a year later (Macmillan & Levin 2007, 1157). The latter part of 2000 saw industrial unrest and protests in September and October, including protests against land evictions in eastern Swaziland culminating a government ban on labour meetings and closure of the University of Swaziland (Macmillan & Levin 2007, 1156, 1157; IRIN 2000). 0n 4-5 November trade unionists and political activists met in South Africa and issued an ultimatum to the government, entitled the Nelspruit Declaration, demanding the unbanning of political parties, lifting of the 1973 state of emergency and the revocation of the 1998 Public Order Act (Macmillan & Levin 2007, 1157; Dempster 2000). If the ultimatum went unanswered by 9 November they planned national stayaways on 13 and 14 November and a blockade of the border on the 29 and 30 as well an interim government in exile (Macmillan & Levin 2007, 1157; Dempster 2000; IRIN 2000). The Swazi government responded by reintroducing detention without trial, arresting Peoples' United Democratic Movement (PUDEMO) leader Mario Masuku (though he was released a few days later), harassing Swaziland Federation of Trade Unions (SFTU) secretary general Jan Sithole and ordering the expulsion of South African journalists (Macmillan & Levin 2007, 1157; Smith 2000; IRIN 2000). The SFTU led border closure, with the support of the Congress of South African Trade Unions (COSATU), achieved some success (Macmillan & Levin 2007, 1157).

In February 2001 the Constitutional Review Commission (CRC), appointed in mid-1996, finally submitted its report to the King, but the report was only made public in April (Macmillan & Levin 2007, 1156; Maroleng 2003, 3). Even before publication of the report the chair of the CRC, Prince Mangaliso Dlamini, antagonised democracy advocates by telling an assembly at the royal kraal that the CRC had found Swazis to be content with the current system, and so the report was rejected by them in advance (Maroleng 2003, 3; IRIN 2000). The published report recommended the retention and strengthening of the status quo (Macmillan & Levin 2007, 1156). In December 2001 Mswati appointed a Constitution Drafting Committee of 15 members, a move seen by the political opposition as yet another attempt to delay a transition to democracy (Macmillan & Levin 2007, 1156).

In February 2002 Mswati revoked a decree that increased the powers of the King, but hopes of liberalisation were dashed by the introduction in June of a harsh Internal Security Bill that forbade public display of party insignia, criminalised calls for boycotts or mass stayaways and set a 20 year penalty for those undergoing military training outside the country with the intention of engaging in insurgency (Maroleng 2003, 3; Macmillan & Levin 2007, 1157). The proposed draconian measures met with international condemnation and hardened the positions of donor such as Denmark, which had suspended aid in February already because of the deteriorating human right situation and the USA, which in March had excluded Swaziland from expanded assistance to developing countries for the same reason (Dlamini 2005, 36; Macmillan & Levin 2007, 1160). Increasingly calls by the Swaziland Solidarity Network (SSN) and the Swaziland Democratic Alliance (SDA) for trade sanctions drew sympathy from international labour organisations (Dlamini 2005, 35, 36). In the end, in the face of national and international criticism, the Bill was withdrawn (Dlamini 2005, 36; Macmillan & Levin 2007, 1160).

In late 2002 a conflict between the government and the courts erupted when the Chief Justice, Stanley Sapire, ordered the release of a young girl earmarked for marriage to the King Mswati; Sapire was eventually forced to resign when the order went unheeded and he came under intense pressure from the executive (Macmillan & Levin 2007, 1157; Maroleng 2003, 4, 5). In November 2002 the conflict between the judiciary and the executive intensified as six judges of the Court of Appeal resigned when two orders issued by the Court were not respected by the government, one of which ruled that the King could not rule by decree or over-rule Parliament (Macmillan & Levin 2007, 1157; Maroleng 2003, 4, 5). According to Macmillan & Levin (2007, 1157): "The Prime Minister reportedly stated that the Government would not be bound by the rulings of the Court of Appeal and the Attorney-General alleged that the Court was acting under 'external influence'". A stalemate ensued for the High Court judges refused to hear cases and member of the legal profession went on strike (Macmillan & Levin 2007, 1157). A mediation effort by the Commonwealth Secretariat led to return to work of judges in mid-November 2004, but when the judges discovered that some court orders had still not been implemented, as agreed on with government, they resumed their strike (Macmillan & Levin 2007, 1157; 1158). In April 2005 the crisis was resolved and in 2006 the Court of Appeal was reconstituted (Macmillan & Levin 2007, 1158).

In April 2003 protests at the suspending the constitution by King Sobhuza II in 1973 were dispersed by police with teargas, forming the backdrop for the dissolution of the Parliament in May for the tinkhundla election of September/October (Macmillan & Levin 2007, 1158). The SDA and SFTU called for a boycott of the election, but several members of affiliated bodies stood as candidates, including Obed Dlamini, leader of the Ngwane National Liberatory Congress (NNLC) and chairperson of the SDA, resulting in the break up of the SDA (Karume 2004, 15; Masuku 2008). The election was marked by low levels of voter registration and a voter turnout of just 18.4%, which, whether due to the boycott or apathy or both, did little to enhance the credibility of the exercise (Olaleye 2004, 24, 27; Commonwealth Expert Team 2003, 44, 45; see "2003 Tinkhundla election" in Election archive for details).

In November 2003 the Draft Constitution was presented to the King by the Constitution Drafting Committee; it was promulgated on 26 July 2005 after some minor changes and came into effect on 8 February 2006 (Macmillan & Levin 2007, 1158, 1159; American Center for International Labor Solidarity 2006, 4). The power of the King in every sphere of governance was maintained, save the removal of his right to govern by decree, but an extensive Bill of Rights was added (Maroleng 2003, 3; Macmillan & Levin 2007, 1158, 1159. See Constitution for details). Measures to improve the representation of women in Parliament were also included (Maroleng 2003, 3. See Women's representation quotas for details). Other than this, the status quo was substantially maintained: "The Swazi king remains above the law, not subject to parliamentary legislation and with the power to dissolve parliament at any time" (Maroleng 2003, 3). Political parties were not mentioned anywhere in the document. Pro-democracy organisations universally rejected the Draft and the promulgated Constitution (Maroleng 2003; American Center for International Labor Solidarity 2006, 18-19; Macmillan & Levin 2007, 1159).

In the face of growing poverty and dependence on foreign food aid, the extravagant lifestyle of the royal family increasingly became a source of popular grievance. Plans to buy a US$24 million royal jet in 2003 were cancelled as a result of a public outcry and the announcement in January 2004 that the government was to spend US$14 million to build individual palaces for the 11 wives of the King drew widespread criticism (Macmillan & Levin 2007, 1158; Carroll 2004). In late February and early March nurses went on strike to obtain overtime arrears owed to them from as far back as 2001 (Macmillan & Levin 2007, 1158). In May civil society bodies such as churches and civic organisations came together to form the National Constituent Assembly (NCA), to oppose the implementation of the new constitution without popular consultation, and in June the NCA requested the High Court to rule that the CDC be obliged to hold public hearings; however the Supreme Court ruled against the NCA in May 2008 (Macmillan & Levin 2007, 1158; Mamba 2008). In January 2005 a two-day general strike was called in protest against the new constitution, even prior to its promulgation, and against the extravagance of the royal family (Macmillan & Levin 2007, 1158).

In late October a series of petrol bombings occurred in various parts of the country, aimed at police, officials and court buildings, as a result of which the Internal Security Bill was reintroduced to parliament by the government, but members of parliament deferred consideration of the Bill until after the new constitution came into effect since its provisions could conflict with the bill of rights (Mail & Guardian 2005). However, in December 2005 and January 2006 16 members of PUDEMO, including its secretary general were arrested and charged with treason (Macmillan & Levin 2007, 1159; Mail & Guardian 2006). Allegations of assault and torture were made in court and the wife of one activist died in police custody (Macmillan & Levin 2007, 1159; Nduru 2006). In February one of those arrested pleaded guilty and was given a two year prison term (Macmillan & Levin 2007, 1159).

On 12 April 2006 COSATU, together with the South African Communist Party, the Young Communist League of South Africa and the Swaziland Solidarity Network, blockaded the five border posts between Swaziland and South Africa "in support the oppressed people and the workers of Swaziland in their struggle for freedom, democracy and human rights" (COSATU 2006a). South African police at one border post opened fire injuring eight people and arrested 25 people (COSATU 2006b; Macmillan & Levin 2007, 1160). Increasing state repression antagonised donor nations and in May the European Union announced that it was suspending direct aid to the government (Macmillan & Levin 2007, 1160). In September a protest march by students over scholarship suspensions was broken up by riot police and in December PUDEMA and SWAYOCO members gathering for a march in Manzini were similarly dispersed (Macmillan & Levin 2007, 1159).

Drought and loss of labour through AIDS led in June 2007 to increased food insecurity in the Kingdom (Macmillan & Levin 2007, 1159). In July 2007 the SFTU, Swaziland Federation of Labour (SFL) and the Swaziland National Association of Teachers (SNAT) led massive stayaways and demonstrations in Mbabane and Manzini, demanding multi-party elections, and attempts by police to disperse the crowds led to battles with protesters (Nyathi 2007; Musuku 2007).

References

AMERICAN CENTER FOR INTERNATIONAL LABOR SOLIDARITY 2006 Justice for All: The Struggle for Worker Rights in Swaziland, [www] http://www.solidaritycenter.org/files/SwazilandFinal.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

CARROLL, R 2004 "King asks poor Swazis to pay for 11 palaces for wives", The Guardian, 13 January, [www] http://www.guardian.co.uk/world/2004/jan/13/rorycarroll [opens new window] (accessed 10 Mar 2010).

COMMONWEALTH EXPERT TEAM 2003 Swaziland National Elections 18 October 2003: Report, [www] http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/ %7B9C9C4FF0-8E15-40E4-98B1-138FE7A81FF9%7D_SwazilandNationalElections_report.pdf [PDF document, opens new window] (accessed 23 Feb 2010).

COSATU 2006a "Swaziland border blockade", 11 April, [www] http://www.cosatu.org.za/docs/pr/2006/pr0413.html [opens new window] (accessed 10 Mar 2010).

COSATU 2006b "COSATU statement on border blockade", 13 April, [www] http://www.cosatu.org.za/press/2006/apri/press13.htm (offline 10 Mar 2010).

DALY, JL "AIDS in Swaziland: The Battle from Within", African Studies Review, 44(1), April, 21-35, [www] http://www.jstor.org/stable/525390 [opens new window] (accessed 10 Mar 2010).

DEMPSTER, C 2000 "Swazis protest at king's rule", BBC News, 6 November, [www] http://news.bbc.co.uk/2/hi/africa/1010138.stm [opens new window] (accessed 10 Mar 2010).

DLAMINI, LG 2005 Socio-economic and political constraints on constitutional reform in Swaziland, Masters in Public Administration Dissertation, [www] http://etd.uwc.ac.za/index.php?module=etd&action=viewauthor&id=gen8Srv25Nme4_4327_1197279930&allowManage= [opens new window] (accessed 10 Mar 2010).

IMF 2008 "IMF Country Report No. 08/86: Kingdom of Swaziland: Selected Issues and Statistical Appendix", March, [www] http://www.imf.org/external/pubs/cat/longres.cfm?sk=21773.0 [PDF document, opens new window] (accessed 10 Mar 2010).

IRIN 2000 "Swaziland: Focus on political unrest", 9 November, [www] http://www.globalsecurity.org/military/library/news/2000/11/war-001109-afswz.htm [opens new window] (accessed 10 Mar 2010).

KARUME, S 2004 "Post-mortem of the Swaziland General Election of 2003" IN EISA Election Update 2003: Swaziland No 2 [PDF document].

MAMBA, S 2008 "Constitution challenge over", Weekend Observer, 23 May, [www] http://www.observer.org.sz/weekend/main.php?id=43998&section=mainweek (offline 10 Mar 2010).

MACMILLAN, H & LEVIN, R 2007 "Swaziland: Recent History" IN Frame, I (ed) Africa South of the Sahara 2008, Routledge.

MAIL & GUARDIAN 2005 "Spate of petrol bombings hits Swaziland", 29 October, [www] http://www.mg.co.za/article/2005-10-29-spate-of-petrol-bombings-hits-swaziland [opens new window] (accessed 10 Mar 2010).

MAIL & GUARDIAN 2006 "Another Swaziland opposition activist arrested", 6 January, [www] http://www.mg.co.za/article/2006-01-06-another-swaziland-opposition-activist-arrested [opens new window] (accessed 10 Mar 2010).

MAROLENG, C 2003 "Swaziland: The King's Constitution" IN African Security Analysis Programme, Situation Report, 26 June 2003, Institute for Security Studies, [www] http://www.iss.co.za/pubs/ASR/12No3/AWMaroleng.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

MUSUKU, L 2007 "Swazi unions threaten further action", Mail & Guardian, 2 August, [www] http://www.mg.co.za/article/2007-08-02-swazi-unions-threaten-further-action [opens new window] (accessed 10 Mar 2010).

MASUKU, L 2008 "Swaziland opposition groups to boycott poll", IOL, 3 February, [www] http://www.iol.co.za/index.php?set_id=1&click_id=84&art_id=nw20080203143009554C732856 [opens new window] (accessed 10 Mar 2010).

NYATHI, T 2007 "Country King Faces Trouble Amid Protests Over Lack of Reforms", AllAfrica.com, 30 July, [www] http://allafrica.com/stories/200707300437.html [opens new window] (accessed 10 Mar 2010).

NDURU, M 2006 "Swaziland: Opposition arrests a 'Desperate attempt by a dying regime'", Inter Press Service (Africa), 13 January, [www] http://www.afrika.no/Detailed/11265.html [opens new window] (accessed 10 Mar 2010).

OLALEYE, W "Traditional Politics Re-examined: Chiefdom Politics vs Electoral Processes in Swaziland" IN EISA Election Update 2003: Swaziland No 2 [PDF document].

SMITH, AD 2000 "Opposition leader arrested in crackdown by Swazi King", Independent Newspapers, 11 Nov, [www] http://www.independent.co.uk/news/world/africa/opposition-leader-arrested-in-crackdown-by-swazi-king-622799.html [opens new window] (accessed 10 Mar 2010).