TALKS ABOUT TALKS KINGDOM OF SWAZILAND.

REPORT ON HEARINGS OF CIVIL SOCIETY BY

DATE 1 JUNE 2011

ACRONYMS AND ABBREVIATIONS

ABBREVIATION AUDP NNLC STA PUDEMO CANGO SCOCCO SNUS SFTU SFL SNAT CCSO OSISA PBA FESBC FODSWA

FULL NAME African United Democratic Party Ngwane National Liberatory Congress Suppression of Terrorism Act Peoples United Democratic Movement Coordinating Assembly of Non-Governmental Organisations Swaziland Coalition of Concerned Civic Organisations Swaziland national Union of Students Swaziland Federation of Trade Unions Swaziland Federation of Labour Swaziland National Association of Teachers Convention of Civil Society Organisations Open Society Initiative for Southern Africa Phadimisa Bokamoso ba Africa Federation of Swaziland Business Council (FESBC) Federation of Disabled people of Swaziland

ACKNOWLEDGEMENTS
Author: 1. Dr. Raynauld D Russon Panel: 1. Reverend Mbhalisi Mkhatshwa 2. Bishop Mabuza 3. Khangezile Dlamini 4. Kislon Shongwe 5. Lomcebo Dlamini 6. Musa Hlophe 7. Emmanuel Ndlangamandla 8. Sibongile Mmema
9.

Chairperson Member

Member Member Member Member Member Facilitator Facilitator Member

Dr. Raynauld D Russon

10.Mr. Siyabonga Memela Secretariat: 1. Mr. Zamokuhle Lukhele 2. Ms. Lungile Mnisi 3. Ms. Mandy Saulus Participating Organisations: 1. Council of Swaziland Churches 2. Swaziland National Association of Teachers 3. Swaziland Federation of Trade Unions 4. Swaziland Federation of Labour 5. Ngwane National Liberatory Congress 6. African United Democratic Party 7. Swaziland Coalition of Concerned Civil Organizations (SCCCO)

8. Coordination Assembly of NonGovernmental Organizations (CANGO) 9. FODSWA 10.Womens Forum 11.Swaziland Law Society 12.Federation of Swaziland Business Council (FESBC) 13.Swaziland National Union of Students 14.Youth in Action

Donors: Embassy of Norway.

EXECUTIVE SUMMARY
The Hearings of Civil Society organisations began on 14th March 2011 in Swaziland and finished on 2 April in Badplaas Republic of South Africa after interruptions by the Royal Swaziland Police.
A total of 14 organisations participated in the Hearings and they were unanimous on the following points for the Talks about Talks. a) Unbanning of Political Parties b) Registration of Political Parties c) Creating a Conducive Political Climate d) Multiparty elections for next elections e) A Transitional Government to manage the next elections and that a period of two year is required to prepare for the elections following the signing of a Memorandum of Understanding between the government and civil society. f) A democratically elected parliament that will act as a constitution writing or reviewing body duly mandated by the electorate. g) The domestication of International and Regional Agreements must be prioritized and must involve broad participation and education. h) Gender representation in all spheres of government must be prioritized and must comply with international and regional requirements. It was also agreed that a Convention of Civil Society Organisations must be arranged to endorse the negotiations program and to elect and mandate a Constituent Assembly of Civil Society to begin the process of negotiations with the government. This convention must be the beginning of an irreversible process of political negotiations for Swaziland. The convention will be hosted by the Council of Swaziland Churches.

INTRODUCTION
In 2009 Phadimisa Bokamoso ba Africa (Brighten the Future of Africa) began a prolonged process of private consultations with select focus groups from both sides of the political spectrum to inquire into the process of political dialogue in Swaziland. (See document on Annexure C). Phadimisa Bokamoso ba Africa (PBA) secured seed funding from OSISA to start the project and when these funds dried up PBA then approached Idasa to assist in fund raising for the project and indeed this was achieved when the Royal Nowergian Embassy agreed to provide funding. The two organizations then appointed the Swaziland Council of Churches as a local partner to host the Convention of Civil Society Orgnanisations. The focus group selected from civil society quickly came together and became a guiding force for the drafting of a document titled Swaziland Talks about Talks which is the subject matter of this report. This document identified a total of 8 key issues that would constitute substance for preliminary talks between the government and civil society. Before this process could be taken any further it was pertinent that civil society in its various formations be consulted in full. An initial attempt was made to take the document to the various entities of civil society to discuss and give feedback but this proved to be cumbersome and less effective. It was then decided that Hearings with organized formations of civil society would be a better option to get immediate outcomes. A total of 23 organisations were identified for the hearings and a process of verification was undertaken to ensure that each organization had an identifiable constituency (See list on Annexure A). Out of this process a final list of 18 0rganisations were confirmed (See list on

Annexure A1). Out of these 18 organisations only 14 responded positively (See final list on Annexure A2). Organisations were requested to submit certain documents for verifications and a number of them fell off as a result. The final list of organisations that were invited is attached as Annexure A. The focus group selected from the state was disjointed due to issues of fear and mistrust and as a result continued to work in silos or as individuals.

HEARINGS

Hearings began on 14 March 2011 at Lugogo Sun.

PREHEARINGS MEETING OF THE PANEL

The process began with a final briefing meeting of the Hearings Panel including the recording team. The intention of the meeting was to do a final orientation of the team. It started with an opening prayer which was led by Bishop M. B. Mabuza of the Anglican Church in Swaziland. WELCOME REMARKS The chairperson, Rev Mkhatshwa welcomed the team of panelists and stated that as Idasa and Phadamisa appreciated the commitment shown by the panelists and noted that the irrespective of their busy schedules they found time to dedicate to this important process. . He informed the panel that the secretariat would capture everything that would be submitted by the various organizations and the submissions would be taken and used for the National Convention of Civil Society Organisations (CSOs) to prepare a final document that would thereafter be submitted to the King and the Government of the Kingdom of Swaziland (GKOS). He gave a background of Phadimisa Bokamoso ba Africa (Brighten the Future of Africa)as a young NGO that was formed in 2008 and that he is the current Chairman of the Organisations Board. The motive behind the formation of Phadimisa was to assist in the Africa Renaissance project from a people development side as a way to complement the political initiatives taken by political leaders in the continent. He indicated that Phadimisa has been involved in education work and has a dedicated team to work on Governance and democratization under the leadership of Dr. Russon. He noted that Phadimisa had requested funding from various organisations to assist this process and they received some startup funding from the Open Society Initiative for Southern Africa (OSISA) which they were very grateful for. This 8

funding was sufficient to start the process but not enough to sustain it. Phadimisa then approached Idasa to assist in the fund raising and indeed Idasa came forward and funding was secured from the Royal Embassy of Norway. It is at this stage that Reverend Mkhatshwa invited Mr. Siyabonga Memela of Idasa to give a background overview of Idasa and its involvement in this initiative. Background of IDASA by Siyabonga Memela Mr. Memela stated that Idasa was in collaboration with Phadamisa to assist this process whose main goal was a negotiated process or dialogue for the democratisation of Swaziland. He highlighted the fact that this process was two pronged i.e. to assist Civil Society Organizations on the one hand through this current process and to assist the state on the other hand so that it could prepare an adequate response to the demands of CSOs. He further stated that dealing with the side of the state was tricky as people were afraid to openly come out and be part of the process because of fear of victimisation within the corridors of power. He stated that there was an initiative to identify various influential people on the part of the state that would form part of the team to assist the government and the Swazi traditional authorities to come to terms with the need for change through a negotiations process. He proceeded to give a background of Idasa as an organization formed in South Africa as the Institute for a Democratic Alternative in South Africa. But that after the transition the name became less relevant as the focus of the organization went beyond the borders of South Africa to the rest of the entire continent. The name Idasa has been retained but not as an acronym but as the name of the organization. IDASA was formed in 1987 by two theologians, Alex Borrein and Alex Francis Rein. It was formed in 1987 by the two theologians in order to resist the challenges that were not being addressed by the then apartheid South African government. The two were at different extremes as one was an optimist and the other a pessimist but together had the conviction that the government of the apartheid regime was not responsive to the challenges of the day. IDASA is a South African NGO but now works in 23 African countries. The primary goal of IDASA is to strengthen democracy in Africa by promoting peaceful settlements/dialogue and idasa is guided by the theory that - for democracy to succeed/ thrive, building the capacity of the government is the starting point. Capacity building is twofold: building the capacity of the state to deliver services to the citizens and capacity of the citizens to demand their rights. The other desired goal for IDASA is to build the capacity of the state to make just laws and the 9

capacity for the citizens to understand and obey the laws. The role of IDASA in Swaziland is to assist the Swazis to find a common ground on what direction the country has to take. The capacity will be run in the context of negotiations and discussions under the theme Talks about Talks for Swaziland.

Reverend Mkhtshwa proceeded to emphasise the purpose of the project as to facilitate a process that would lead to political dialogue and hopefully a negotiated settlement between the Swazi government and civil society. The process started off by identifying a group of Swazis who constituted a focus group to assist with the identification of political issues that would form substance for negotiations with the government. For a lack of a better word, this group was called Champions of Dialogue. This concept has unfortunately been misunderstood and has evoked negative sentiments amongst people. The concept of champions is part of the methodology we have used called targeted quiet diplomacy and only refers to a person or group of persons that play a certain role in supporting a program. A similar focus group was also identified on the side of the state and they also assisted in identifying issues for dialogue. The document titled Swaziland Talks about Talks is a product of this initiative and it has been thoroughly prepared with the assistance of professionals and constitutional experts. It is this document that will be the subject of the hearings for civil society organisations during these two weeks of hearings, Mkhatshwa explained. He then requested the meeting to go through the programme as a rehearsal and preparatory process before the guests started arriving. He invited Dr. Russon to make the presentation of the entire document for comment and discussions

SCENARIOS

Dr. Russon started his presentation with the Democratic Governance and Stability Quadrant model to explain the balance between democratic governance and financial stability. He explained that this is a useful tool to assist participants to understand the positioning of various groups of countries in the global democratic order. He noted that ideally many countries would like to move to quadrant 1 and that there is global pressure to assist countries that are located in quadrant 4 to move to quadrant 1 as
10

shown in the Chart below. The question that participants would be asked is where they think Swaziland lies in the four quadrants and what methods would be required to assist Swaziland to move to Quadrant 1.

Democratic

Not Democratic

Financially Stable Not Financiall y Stable

He also presented a set of four scenarios that have emerged through the Focus Group study of the political environment in Swaziland. These scenarios, he explained, had also been influenced by the current political developments in the continent and the country, for example the emergent mass action processes in North Africa and suggestions for a stage managed political reform processes in Swaziland. These scenarios will be part of the presentation made to participants of the Hearings with a view to assisting them to reflect on possibilities for the country, Dr. Russon emphasised. He went on to outline the scenarios as follows:
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All the scenarios are tested in terms of the following four criteria: i. Occurrence Probability ii. Success Probability iii. Local Acceptability iv. International Acceptability Dr. Russon also explained that participants will be asked to rate each scenario by using High, Medium and Low. He gave his own assessment of the environment and came up with the following ratings. Scenarios
Table 1: Scenarios Summary ratings Scenarios and Occurrenc Success Activities e Probabilit Probability y Scenario 1: H L Ignore Change Imperatives Scenario 2: H M Impose Change: Scenario 3: H H Negotiate Change and Manage the Change Scenario:4 Mass H M Uprising: Local Acceptabilit y L L-M H International Acceptability L M-H H

M-H

L-M

Table 2: Scenarios Details Success Probability Probabilit y Scenario 1: High Low

Scenarios and Occurren Activities ce Ignore Change Imperatives Notes

Possible Local Possible Outcomes International Outcomes Reject Reject

This is the current state of affairs

It has It is rejected already by the people failed and has pushed the country to unprecedent ed levels of

The international community has made it clear that the country needs to democratize
12

Scenario Impose Change:

2: High

financial crises Medium This is likely to have a positive effect in the short term

Divided Some people will jubilate, particularly at the change of cabinet with the hope that this will bring some long anticipated change. Progressives will reject this.

Divided The international community is likely to accept changes so long as they address the issue of political parties. Others may want to see more fundamental changes in the manner of governance. Accept

The Swazi national Council has already made proposals to impose changes

Scenario 3: High Negotiate Change and Manage the Change This process is a build up towards a negotiated settlement and all parties have committed themselve s to negotiatio ns High Scenario4:

High

Accept

Negotiations have a strong chance of success particularly as both sides are being consulted.

Due to the participatory nature of the negotiations process, acceptability will be high

The international community has always supported negotiated settlements.

Medium

Divided

Divided

Revolution or Mass Uprising:

13

High Road
The current conditions in the country dictate a high possibility for mass action. Already there have been several attempts at this The success of mass action to actually topple the government is moderate taking into account the fact that Swazi society is largely rural. Mass action is likely to topple the entire traditional system and this may divide the population as many Swazis are said to be in support of their monarchy. The international community is also likely to be divided and there is a strong possibility that South Africa and SADC would intervene to restore order under SADC protocols.

There was a brief discussion on the scenarios and the following observations were made: The scenarios accurately capture everything about possibilities for Swaziland. The possible divisions that may arise out of Scenarios 2 and 4 require more lucid explanation because they may cause unnecessary debates amongst civil society organisations. There was also a concern about whether occurrence probability in Scenario 3 was a High particularly because it was not clear whether the government was genuinely ready to take another direction or had the political will to change. There was general consensus that Scenario3 provided better possibilities for change in the country particularly if it was supported by increasing pressure for change from the local and international communities. It was also agreed that the scenarios present an interesting debate and may end up taking a larger portion of the programme than anticipated. The team then recommended that there might be a need to prioritise some of the issues that will be discussed during the Hearings and that the scenarios, although important should be given very limited time.

The next item that needed to be clarified to the guests was the manner in which the issues for dialogue were selected.
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The following matrix was used to explain how issues were selected using a methodology of priority and achievability. It was explained that issues that scored a low in legal achievability and political achievability (negotiations) would be removed from the basket of issues for talks about talks and parked for a later process of full negotiations. The reason given for this was that such issues would stall the progress of the talks about talks and would delay the process of forming an interim structure to manage the process leading to full negotiations.

ISSUES FOR DIALOGUE

Item

Priority

Achievability Legally Politically L L H L L L H H H M H L L L

1. Unbanning of Political Parties 2. Conducive Political Environment 3. Registration of political parties 4. Executive Status of the Monarch 5. Electoral System (Section 79) 6. Constitutional Review 7. Return of Exiles 8. Domestication of International Declarations 9. Gender Representation 10. Ceasation of Hostilities 11. 2013 Elections 12. Powers of the Executive 13. Powers of the Judiciary 14. Powers of the Legislature

H H H H H H H H L H H H H H

M M H L L L H H H M H L H M

15

The team accepted the logic advanced for separating issues for Talks about Talks from the hard core issues of full negotiations.

SUMMARY OF ISSUES FOR DIALOGUE

1. Registration of Political Parties According to constitutional law experts there is nothing specific in the constitution that prevents the registration of political parties. While the constitution is silent in this regard section 25 of the constitution provides for the right to freedom of peaceful assembly and association thus affirms the right of people to organize themselves into political parties as vehicles used to promote and protect their political interests. It is an accepted international norm that political parties exist to contest political power. Furthermore there is section 58 of the constitution that allows political parties to exist. All that is left is an enabling legislation that allows for political parties to register and operate as such. Recommendation: There is nothing in the constitution that prevents the formation and operation of political parties. There is therefore a need to formulate an enabling subordinate legislation that will formalize the registration and function of political parties. This legislation must be written in full consultation with political parties. 2. Unbanning of Political Parties The Suppression of Terrorism Act (STA) of 2008 has been used to target and ban certain political organizations. The banning of such organizations grossly violates the freedom of members of these organizations to freely associate. The enactment of the Suppression of Terrorism Act of 2008 was a breach of Swazilands obligation under International Law and the Constitution of Swaziland. It is repressive and violates human rights with impunity. Recommendation: Banned organizations should be allowed to register and operate normally under a law that is drafted in consultation with political parties and interested parties.

3. Conducive Political Environment The government must create a conducive environment for the operation of political. The constitution also makes provision for such under the directive principles of state although these rights are non-justiciable hence weakening the constitution. 16

4. The Electoral System Section 79 of the constitution makes provision of for the electoral system. In principle there is nothing undemocratic about the system of individual merit except that it is the way in which the country has managed the electoral system. The said provision does not prohibit the existence of political parties. In other countries like the USA and the UK people are elected on individual merit but as representatives of political parties. In Swaziland the government deliberately undermined the role that political parties should play in fielding candidates to contest the elections. The current composition of the Legislature is unworkable because the elected members have little power to influence the legislative process as they are diluted by appointed members. The bone of contention is that the electoral system of Swaziland is built into the Tinkhundla system which is hostile to political parties. Recommendation An electoral law recognizes the role of political parties in contesting elections and forming a government is necessary. Such legislation would not be ultra-virus the constitution because there is no provision in the constitution that prohibits political parties from contesting elections within the first past the post system of individual merit system. This legislation must be drafted in full consultation with political parties. 5. Constitutional Review The Constitution faces key challenges in both its content and process. Since a lot of resources have been spent on drafting this constitution it can be argued that possibilities exist to use it as a building block to write a better constitution for the country. The constitutional review process can be done in two phases i.e. phase 1 would concentrate on creating the necessary conditions for the election of a democratic parliament that would then undertake a comprehensive revision of the constitution. 7. The Next Election in In order for the next elections to be credible they must be held under new conditions where political parties are unbanned and can play an active role. For this to happen; the elections ought to be held under a reviewed or new electoral law. The Elections Order of 1992 and the Voter Registration Order of 1992 pre-date the constitution. It is therefore important to have these laws aligned with the constitution. The process of formulating these laws must involve the participation and/ or consultation with political parties. This therefore means that there must be unbanning of political parties and the creation of a political climate that is conducive for the existence of political parties. This process must also allow for the registration of political parties so that they can become legal entities that can enter into contracts. Again, political parties must be involved in the drawing up of this law. The next elections must allow for campaigns during primary elections. Nominations must be free and fair and must be conducted by a body that is entirely independent. This cannot be said of the current Elections and Boundaries Commission. 17

The counting of ballots must take place in each and every polling station on the same day of elections and each candidate must be free to post his or her representative that will sign off the results slip confirming the correctness of the results. The government must fund political parties on an agreed formula so that they can conduct voter education, campaign and field candidates for the elections. 8. Domestication of International and Regional Declarations The government has to ratify and domesticate international and regional declarations and/ or protocols. 9. Gender Representation There is an urgent need to ensure that there is gender mainstreaming in the governance of the country as required by regional and international protocols.

GUIDELINES FOR THE PANEL: The chairperson restated that the importance for the panel to have read the report and be in a position to guide the guests during the submissions in case there are issues of misunderstanding. The following points were raised as guidelines for the panel: 1. The role of the panel is to listen and take notes and not to contest submissions. 2. Panelists must desist from arguing with presenters and should accept every submission without creating any impression that they are questioning the substance of the submissions. Only questions of clarity must be asked and explanations given where presenters might have misunderstood certain issues and concepts in the document. 3. Panelists must be respectful and treat every organisation with equal respect. 4. The panel must try to guide presenters to standardize the format of the presentation by inviting them to comment on each one of the issues raised in the document as issues for dialogue. Presenters must also be given an opportunity to discuss general issues outside of the document and to make additions or subtractions from the document.

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5. The panel will then identify the commonalities and differences in the submissions to compile a report which will then be presented to the National Convention.

HEARINGS
The first team to attend the hearings was the Swaziland National Association of Teachers (SNAT). This happened at a time when the teachers were planning a march to the government offices on Friday 18th March. The police were monitoring their activities and movements and they followed them to the venue where the hearings were being conducted. As soon as the hearings began the police stormed the meeting demanding to sit in and listen to the proceedings. The hearings were adjourned to try and deal with this new development. Discussions were held with the police with a view to convincing the police that they had no legal right to intervene in a private meeting. After lengthy negotiations it was resolved that the session will be divided into two i.e. and open session where the document will be presented and a closed session where organisations would make their submissions and that the police would attend the open session. The teachers accepted this and the hearings proceeded. This was to be the order of the Hearings where two plain clothes police officers sat in to listen during the open session and excuse themselves for the closed session. This arrangement seemed to work and the report back from the police was that they had found nothing that seemed to threaten state security. The next group that was scheduled to attend the afternoon session was the Federation of Swaziland Employers and Business Chamber but they had declined participation. This gave the police the impression that sessions were only scheduled for the mornings and every time when the morning sessions finished the police officers disappeared and therefore did not attend the afternoon sessions. This also 19

allowed the panel an opportunity to reflect on the developments and discuss ways of dealing with the police interference. Two views emerged at the meeting i.e. to take the matter to the court and get an interdict or restraining order or to proceed under the current arrangements. The latter view prevailed because it was argued that the Hearings were not subversive in any way and there was really nothing to hide. Moreover, by its very nature, the process was supposed to remain under the radar until completion. The rest of the week proceeded well without any incidents until Friday afternoon when a message was received from the Police Head Office requesting a meeting with the coordinators. On Monday morning Dr. Russon and Ms. Khangezile Dlamini proceeded to the police Head Office in Mbabane to the meeting whilst the rest of the team continued with the hearings. Labour (SFTU and SFL) were appearing on this particular day and during the proceedings labour objected to the presence of the police. The police volunteered to leave the meetings and it proceeded without incident. This information reached the policed head office and gave the police the excuse to stop the proceedings. At the meeting attended by Deputy Police Commissioner Mr. Dlamini, Assistant Police Commissioner of Investigations Mr. Maseko, CID Chief Mr. J Msibi the message was clear; the Hearings were to stop immediately. The argument advanced by the police was that the timing of the hearings was wrong because there was corridor talk that certain people were planning to overthrow the government. We requested a written instruction from the police citing the relevant legislation that empowered them to stop the meeting. They refused to provide a written instruction and instead referred us to the Minister of Justice. We hastily arranged a meeting with the Minister of Justice who readily accepted our request and we met him at 15:00hrs on the same day. This meeting did not bear any fruit as the Minister; Mr. Matse refused to commit himself and passed the buck back to the police claiming that his ministry had nothing to do with approving or not approving meetings. For the entire week we spent time running from the Police Commissioner to the Minster of Justice to no avail. Finally we asked the Minister of Justice to take us to the Prime Minister to whom the police report. He came back with an answer that the Prime Minister had requested the Police Commissioner to take us to him for a meeting. Approached about this matter the Commissioner refused to take us to the Prime Minister arguing that the Prime 20

Minister had given his position on the matter i.e. he would support whatever decision taken by the police. It is at this stage that we realized that whatever attempt we made to resolve the matter amicably would not bear fruit. A late call was received from the Assistant Commissioner of Police Mr. Maseko, requesting another meeting with the Deputy Commissioner of Police Mr. Sipho Dlamini. We declined this invitation because we realized that it was a mere waste of time. We had one of two choices, to take the government to court or to take the process out of the country. The latter decision prevailed and we decided to take the proceedings to neighbouring South Africa on the weekend of the 2 nd April 2011. We began preparations for transportation and venue. We invited the remaining groups to attend the session at Forever Resorts in Badplaas, South Africa for the 2nd of April. The response was positive and a total of 6 organisations participated.

The following is a selection of the issues received from participants during the Hearings.

GENERAL ISSUES RAISED ON THE PROCESS AND THE DOCUMENT:

Its a very good document It is issue Driven and strategic It is an inclusive process Willing to talk but not with the current government of Prime Minister Sibusiso Dlamini (Spakatane). The process must ensure that proscribed entities participate. The selection of the authors of the document should have involved mandated leaders of organisations because this is a political process. The contents of the document are, in principle, acceptable. 21

We were concerned about the process and we then arranged a meeting with Rev Mkhatshwa and Dr. Russon to discuss the issue of mandates. We understood that it was not an issue of mandates but the process. Our org was still convinced that this is a political process and requires a mandate. We are concerned about the balance of forces as we prepare for negotiations. Who do they favour? We do not want a repeat of Zimbabwe. In short we believe that we can go into negotiations if the balance of forces is in our favour. However we are happy and encourage the process of getting Swazi people together to speak in one voice Civil society is not all made of progressives but it include 3 segments .e. progressive, moderate and conservative and therefore this document cannot be complete as an organic document unless it involves all. We do not accept the reformation of the constitution. The use of experts to look at the document should have included local people like the Swaziland Law Society so that they could reveal the practical experience on the ground. The document looks attractive when you look at it from a constitutional expert position but from a practical position it is different. The document must circulate and be discussed on the ground before the proposed convention.

1.

REGISTRATION OF POLITICAL PARTIES

In F v of R is tion a our eg tra

14 12 10 8 6 4 2 0

In fa vour Ag ins a t Other R is tion of eg tra P olitica P rties l a

22

All participants without exception supported the idea of the registration of political parties as a key aspect of the Talks about Talks and a necessary condition to normalize the political situation in Swaziland. Views expressed in support of this issue included from the following a. An enabling political and legislative environment for political parties to contribute to change without fear of being curtailed. b. There should be enabling legislation for the registration of political parties. This must be part of the electoral law. c. Political parties must be part of the process of drafting the law to regulate the registration of political parties. d. There is a need to register political parties e. The current system is not working and has an adverse economic effect on the country hence the need to recognize political parties as key players in development. f. Develop an enabling legislative environment through a participative process g. Parties were banned in 1973 and it is still the same under the new constitution because they cannot operate or function. h. Political parties must not just be registered entities but must be active in parliament and the establishment of the government. i. j. We need political parties to cultivate trust on the question of women and women must be represented in political parties. The registration of political parties must require parties to demonstrate a gender balance.

2.

UNBANNING OF POLITICAL ORGANISATIONS

23

S upport for U nning nba

1 4 1 2 1 0 8 6 4 2 0

In favour A ainst g O ther Unban P olitical P arties

Without exception all organisations supported the issue of the unbanning of political parties as a key item for the Talks about Talks. Summary of views in support of this issue: a) Unbanning of political parties must be the first item unbanning should be a pre-condition to talks to allow the banned political parties to be part of the talks. Parties must be able to contest for power. This must precede the registration of political parties. They must be unbanned immediately because the constitution does not disallow political parties. b) We still believe that the 1973 Kings proclamation is still in force and that the constitution represents key elements of this proclamation because in proclaiming the new constitution the King referred to the powers vested in him by the 1973 proclamation order. c) The Suppression of Terrorism Act (STA) and the Public Order Act of 1964 must be removed and align all laws with the constitution. d) People must be educated about political parties. 24

e) There must be a specific legislation that unbans parties and allow them to carry out their activities on the ground. f) The Suppression of Terrorism Act (STA) and 1973 Kings proclamation must be scrapped. g) It is a priority for women to be active in normalising the political environment. The current environment does not encourage women to be politically active because of its hostility particularly to political party affiliation. h) Political parties will provide a guarantee against abuse of women by the state and police.

3.

CONDUCIVE POLITICAL CLIMATE

All participants without exception supported the idea of the registration of political parties as a key aspect of the talks about talks and a necessity to normalize the political situation in Swaziland.

S upport for C onduc P ive olitic l C a a lim te 14 12 10 8 6 4 2 0

In fa vour Ag ins a t Other C onduc e iv P olitica l C lima te

Summary of Views in support of this issue

25

a.

Political climate must be made conducive first and foremost even before the registration of political parties.

b. Massive public education must be embarked on to allow plurality of thought. c. Make sure that the traditional sector of government is aligned to the new political climate. d. Normalise the political climate to allow for basic freedoms e.g. association, speech etc. e. His Majesty the King must be part of the process of building this conducive political climate. f. Talks about Talks must take place in a neutral venue and not Sibaya. g. Professionalise the security forces, police and army and educate them about the constitution. h. Conducive Political Climate a. Make sure that old practices do not come back in the new environment like pouring old wine in new bottles. b. Interference by the state in meetings and marches must stop forthwith. c. The arrest and harassment of political activists with some dying in police cells like Sipho Jele must stop immediately and all responsible culprits be brought before the law. d. Civic and political education for political parties. Some of the proponents of change do not have the skills. i. j. Civil Service Bill and other draconian and hostile Laws must be removed. A representative structure must be constituted to craft a document that represents the will of the people in a free environment.

k. Abuse of women by the state and police must stop. l. Guarantee of political freedoms in the Bill of Rights must be prioritised

m. Conducive political climate within organisations. It is not uncommon for women to be sexually abused and then compromised politically within organisations. This should be included in the code of conduct for political parties. 26

4.

THE ELECTORAL SYSTEM

In F vour of P lity for the InterimPeriod a lura 12 10 8 6 4 2 0 P lity lura In fa our v Ag ins a t Other

This is the only issue where participants were not unanimous. The majority of participants supported the use of the plurality model of elections for the next democratic multiparty elections to elect a Parliament that would act as an elected Constituent Assembly to review or write a new constitution and as a basis upon which to build and decide on an electoral model for the future. This is because this section is specially entrenched in the constitution and would therefore require a national referendum to amend it and a national referendum under the present conditions would not be advisable and would also delay the transition process. 27

The following is a summary of views expressed: a) A lot of civic education will be required to make people understand multiparty democracy. b) Civic education will be required to educate people even the leadership to understand the constitution and electoral models. c) A new Electoral Act with an Independent Electoral Commission will be required to administer the next elections. d) Civic education will be required to educate people about the new electoral legislation. e) An independent elections management body must be appointed by Parliament and endorsed by the crown. f) Electoral System of first past the post or plurality can be used for the next elections because this provision is specially entrenched in the constitution and would therefore be difficult to amend under the current conditions. g) The current system must change its like holding a dog on a leach. h) The next elections must be based on a system where we vote for a person linked to a political party (First-past-the-post) instead of just a party. i) Tray to harmonise Tinkhundla/traditional system with multiparty whilst noting that multiparty is superior because it is performance based. j) Educate the traditional structures about the new system of multiparty. k) Review electoral system through a consultative process l) Individual merit had a problem since the independence period e.g. the NNLC had 20% of the vote but only 2 seats in the Legislature. m) The current system of individual merit depends on ones economic power not on issues but what promotes bribing people to buy votes e.g. candidates bribe people with small items such as footballs instead of looking at what they have to do in Parliament. n) o) The lack of freeness in the nomination process where the chief can recommend a candidate must stop. p) The current system does not mandate, nor allow for accountability to the electorate. 28

q) We have had enough of the individual merit system because individual candidates make recommendation but have no power and resources to implement. r) Strong Civic education is required to educate the people on elections. The current system does not allow for accountability. s) Preference for the party list system t) The current system doesnt empower women and doesnt make it easier for women to get into parliament.

5.

CONSTITUTIONAL REVIEW

Constitutional review is central to the process of political dialogue. However this must be approached in a two stage manner i.e. to review the provisions that can create an enabling environment to conduct an election of the democratic parliament. The democratically elected parliament must act as an elected Constituent Assembly to review or rewrite a constitution. The views expressed hereunder are broad and support a sustained process of constitution making. a) A Constituent Assemble must write a new constitution. Inclusivity must be key and all sectors must be represented. b) We dont recognise the current constitution as legitimate due to the flaws in the process of writing it. c) A new constitution must ensure a clear separation of powers. d) The appointment of the Judiciary must be opened for discussion as this affects the independence of the judiciary. e) The composition of the legislature needs to be reviewed.

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f) Separation of powers between the three arms of govt. The current Parliament does not enjoy supremacy. This subject must deal with the powers of, especially the Legislature and the issue of the cul-de-sac in the constitution. The powers of the executive seem to exceed that of the legislature. This should also be part of the discussion g) Parliamentary accountability to the electorate e.g., referral of Bills back to the people or constituencies must be considered. h) Independence of constitutional bodies that support democracy e.g. Human Rights Commission must be ensured. i) A Constitutional Court must be considered especially the composition thereof. j) Appointments to certain bodies and institutions must be made on the basis of merit and qualifications. Public nomination and public hearings process must be considered. This should apply to the appointment of judges. k) The powers and functions of the King must also be looked at during the drafting of a new constitution by the democratically elected parliament. l) The fact that the constitution is the Supreme Law of the land must be respected by the leadership. m) Traditional system and its influence on good governance must be reviewed. n) Tibiyo must be part of the subject matter of the transition. o) The current parliament cannot be trusted with the process of revising or writing a new constitution.

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p) Constitutional review is required urgently because the current constitution treats women as second class citizens and minors. The review must consider rights of women in a comprehensive manner. q) The Constitution must make provisions for the protection of the girl child against abuse. r) The constitution must also be sensitive to gender and equality in the justice system. It must also make it obligatory for all judicial officers to understand and apply issues of women equality.

6.

THE NEXT ELECTIONS

All participants agreed that the next elections must be multiparty democratic elections.

S upport for Multipa E tions rty lelc

1 4 1 2 1 0 8 6 4 2 0

Infa our v Ag inst a Other

Multipa rty

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The following is a summary of the views expressed on this issue: a) 2013 may be too soon for the democratic elections because this is a lot of work to be done particularly for political parties to be ready for elections. b) The date of the next elections must be informed by the agreements reached out of this process and the pace of such. c) The first democratic elections must be free and fair and observed by the international community. These elections must be elected by an interim government. The transitional government must come from the various constituencies (inclusivity). d) A period of 18-24 months would be required for preparing for the elections. e) Two years will be sufficient after the signing of the MOU. f) The identification of polling stations must be done with political parties to ensure that such are at neutral locations. g) For elections to be credible we need observers and they must have access to information to be able to do their work. The reports by observers must be made public and taken seriously by the government. h) Political parties must be funded in order to perform various functions for the next elections. i) Review the date if the conditions have been improved, to allow more time for preparation j) The current government must resign to give way to an inclusive political process. k) Transitional government must be put in place to manage the next elections l) The transitional government must be formed by all the various parties, civil society organisations and the state. m) Political parties must be funded in preparation for the next elections. n) The Throne must not be part of the Transitional Government but must remain above politics. o) The elections must be managed by an Independent Elections Management Body. 32

p) Consideration must be given to setting minimum standards for holding public office.

7.

DOMESTICATION OF INTERNATIONAL AND REGIONAL DECLARATIONS

All participants without exception supported the domestication of international and regional declarations.

S upport for D omes tion tica

1 5 1 0 5 0

In favour A ainst g O ther

Dom estication

The following views were expressed in support of this issue: a) There was general agreement with the content of the Talks about Talks document on this subject and that consideration must be given to take into account these provisions in drafting the constitution and local laws. b) Concern was expressed about the integrity of the regional bodies e.g. SADC. c) There must be consultation prior to the signing of international declarations. This will promote domestication. d) Conventions must be signed by members of parliament so that the legislature can then ensure their domestication. e) Conventions must be given a certain time frame for domestication after adoption. f) Conventions must be made known to the people immediately after ratification. 33

8.

GENDER REPRESENTATION

Without exception all organisations supported the promotion of gender parity representation as an important part of the transition and the negotiations process. Slight differences emerged, however, on the equal representation with some arguing that women may require capacitation before meeting the parity

requirement. The following graph represents support for the issues of increased women representation in political processes and governance.

14 12 10 8 6 4 2 0 In favour A ainst g O ther

Gender Representation

The following is a summary of the views expressed: a) There should be gender mainstreaming at all levels. b) For the quota to be balanced at 50% for the legislature and public institutions may require a phased approach due to the need to conduct capacitation. Capacitation is a priority on gender issues. c) Political parties must also be required to thrive for the 50% membership of women at leadership level. This also affects trade unions. d) The issue of culture must also be addressed. 34

e) Gender representation must begin at organisational level. f) Cultural and religious factors have an effect on gender equality. g) Gender parity must also apply to public offices such as government e.g. a Prime Minister. h) There are few women activists in political parties. This is because people are skeptical of the political environment and there arent many women card carrying members in political parties. Representation of women in political parties is lacking. They may be lacking in education starting from the girl child. Deal with the dependency syndrome. Even in the church women are not supposed to be upfront. We need to start from the grassroots to build women buy-in and capacitation. Doesnt use the expert driven approach of I know it all but take them from the basic issues of the community and then raise them to the issues of state and government. i) If there are resources this document must be taken to the rural women and rural people in general. Even if this process can be delayed for another two months but civic education is important particularly for women. There is a need for a strong womens forum to take this

process of women representation forward.

OTHER ISSUES
a) The various groups must ensure that this document is discussed at grassroots level before the convention so that it can be fully participatory.

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b) Generally, it should be the people through their representative structures that select members of a transitional government, especially the political parties and organs of civil society. c) The involvement of civil society organs in the transitional structure of government must be viewed cautiously to make sure that they are protected from possible incorporation and therefore eroding their role as a watchdog, especially the church. d) Efforts must be made to Facilitate an urgent meeting with the authorities e) Develop a two-track strategy to engage the authorities while the masses pursue their agenda for change. f) Link with other similar processes g) This depends on the balance of forces, but a transitional interim government is preferred to manage the process until a new constitution is written. h) Transitional government to be established by the various civil society entities and political parties. i) WE need new people to lead the change. Not the old faces. We need skilled and capable people to lead the change. People have not been given the chance to develop political skills in the country. j) Inclusive and participatory transitional government formation. k) New Electoral Act must be written in full consultation with political parties and civil society organisations. l) Results Management must be a part of the new Electoral Act.

SUMMARY AND CONCLUSIONS

36

The above views constitute findings of a scientific process of inquiry formal hearings wherein organisations made submissions of how they wish to see the transition to a democratic Swaziland. This document therefore provides empirical evidence to illustrate that indeed the people of Swaziland want a multiparty polity and are committed to achieve such in a manner that is peaceful through a negotiated settlement. This document also proves that, even though nuanced differences exist in the political milieu, the people of Swaziland, through their representative organisations are unanimous in the call for democratic change. The next step of this process is to convene a Convention of Civil Society Organisations to achieve the following: 1. Finalise the negotiations document to be presented to the Government of the Kingdom of Swaziland to formally begin a process of Talks about talks and final negotiations. 2. Determine the formula for constituting the Constituent Assembly of Civil Society and the number of seats. 3. Constitute a Constituent Assembly of Civil Society (CACS) that would engage in the Talks about Talks with the government and prepare for a National Convention that will constitute the final Transitional Government to lead the country to the next democratic elections. The envisaged process as described by the various civil society organisations can be illustrated by the following diagram. 37

Civil Society Process Flow Diagram

SUBMISSI ON OF DOCUMEN T TALKS ABOUT TALKS

CONSTITUE NT ASSEMBLY OF CIVIL

CONVENTI ON OF CIVIL SOCIETY

NATIONAL CONVENTI ON

TRANSITI ONAL GOVT

DEMOCRATI C ELECTIONS

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ANNEXURES

A:

LIST OF ORGANISATIONS IDENTIFIED FOR THE HEARINGS

Name of Organisation/Sector 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Swaziland National Association of Teachers (SNAT) Labour - Swaziland Federation of Trade Unions and Swaziland Federation of Labour. Federation of Swaziland Employers & Chamber of Commerce Federation of Swazi Business Employers Council Non-state Actors (SCCCO and CANGO) Council of Churches Conference of Churches Swaziland Youth in Action Swaziland National Union of Students FODSWA Association of Lecturers and Allied Personnel Womens Forum Inhlava Swaziland Federation of Trade Unions and Swaziland Federation of Labour Law Society of Swaziland Ngwane Socialist Revolutionary Party Consumer Forum African United Democratic Party Sibahle Sinje Cultural Movement Ngwane National Liberatory Congress 39

21 22 23 24

Peoples United Democratic Movement Lutsango Lwabomake SWACOPA Swaziland Diaspora

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ANNEXURE A2: LIST OF QUALIFYING ORGANISATIONS

Name of Organisation/Sector 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Swaziland National Association of Teachers (SNAT) Labour - Swaziland Federation of Trade Unions and Swaziland Federation of Labour. Federation of Swaziland Employers & Chamber of Commerce Federation of Swazi Business Employers Council Non-state Actors (SCCCO and CANGO) Council of Churches Conference of Churches Swaziland Youth in Action Swaziland National Union of Students FODSWA Association of Lecturers and Allied Personnel Womens Forum Law Society of Swaziland African United Democratic Party Sibahle Sinje Cultural Movement Ngwane National Liberatory Congress Peoples United Democratic Movement Lutsango Lwabomake Swaziland Diaspora

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ANNEXURE A2:

FINAL LIST OF PARTICIPATING ORGANISATIONS

Name of Organisation/Sector 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Swaziland National Association of Teachers (SNAT) Swaziland Federation of Labour Swaziland Federation of Trade Unions Federation of Swazi Business Employers Council Non-state Actors (SCCCO and CANGO) Council of Churches Swaziland Youth in Action Swaziland National Union of Students FODSWA Womens Forum Law Society of Swaziland African United Democratic Party Sibahle Sinje Cultural Movement Ngwane National Liberatory Congress Peoples United Democratic Movement (Pending)

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ANNEXURE B:

THE PANEL

11.Reverend Mbhalisi Mkhatshwa Chairperson 12.Bishop Mabuza

13. Khangezile Dlamini

Member Member

Member Member Member Member Facilitator Facilitator Secretariat Secretariat Secretariat

14.Kislon Shongwe 15.Lomcebo Dlamini 16.Musa Hlophe

18. Dr. Raynauld D Russon

17.Emmanuel Ndlangamandla 19.Mr. Siyabonga Memela 20.Zamokuhle Lukhele 21.Lungile Mnisi 22.Mandy Saulus

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