Swaziland Election Update 2 2003
Swaziland Election Update 2 2003
SWAZILAND
                                                                     number 2 · 20 April 2004
contents
Legal Perspective
Legal & Institutional
Architecture                   1
Democratic
Towards a Democratic
Transition                   10
Election Post-mortem
Post-mortem of the Swaziland
General Election             14
Traditional Politics
Chiefdom Politics vs Electoral
Process                      23
Gender Perspective
Interrogating the Gender
Question                    29
LEGAL PERSPECTIVE
The Legal and                      2003. This political event           SADC region that has not
Institutional                      was preceded by the primary          yet undergone a democratic
                                   elections held on 19-20              transition  by     way     of
Architecture                       September 2003. This article         embracing          multiparty
for the                            reviews the legal and                competition for state power
Swaziland                          institutional architecture that      (for further argumentation
Election 2003                      structured these two events          see Claude Kabemba in this
                                   with a view to discovering           volume). Even at the real
Khabele Matlosa                    the broader framework for            risk of repetition of the
Electoral Institute of             elections in Swaziland and           views in this and the
Southern Africa                    interrogating the possible           previous Election Update
                                   meanings of that in terms of         2003: Swaziland, it is
        Introduction               the prospects for democratic         important to bear in mind
                                   transition in the Kingdom. It        that in Swaziland the
Swaziland organised its            is worth stating from the            following critical conditions
Parliamentary elections over       onset that Swaziland is one          informed the 2003 electoral
the period 18-19 October           of a few countries in the            process:
                            election update 2003 · swaziland · number 2
•   The country has not had             SADC countries, but                these issues speak to the
    a Constitution since 1973           rather as Orders for this          legitimacy     (or   lack
    and just prior to the 2003          denotes                  the       thereof) of the Chief
    elections public debate             overwhelming authority             Election Office in the
    both in and outside the             and power of the King              eyes of the electorate in
    Kingdom revolved, in                whose executive powers             playing its presumed role
    part, around whether or             by far eclipse the                 as a fair umpire of the
    not to have a general               watchdog        role      of       election game and an
    election prior to a                 Parliament; thus the               effective institution for
    Constitutional                      King’s            deliberate       leveling the political
    referendum; however, it             political        hegemony          playing field.
    came to pass that the               (more by design than by
    election would come first           default) throttles the         Thus three broad issues are
    and as such a Draft                 power of other organs of       brought to light in this
    Constitution that exists            the state and in so doing      article, namely that lack of a
    has not as yet been put to          thwarts accountability of      functioning      and      living
    its litmus test through a           the executive to the           Constitution prohibits fair
    public enquiry regarding            electorate and not to even     political      play      during
    both its legitimacy and             mention its deleterious        elections in Swaziland and
    acceptability; thus, in a           effects on checks and          this is compounded by the
    nutshell, the election was          balances        in       the   fact that political parties still
    held under a condition of           governance process; and        remain banned. Second, the
    a Constitutional void, so       •   Again, unlike a majority       election is governed by
    to speak; not only that;            of SADC member-states,         King’s       Orders      whose
    elections in Swaziland do           Swaziland does not have        primary thrust is not so much
    not give room for                   an independent electoral       to     entrench     democratic
    political      competition          commission (IEC) and           governance, but rather to
    between and among                   the election is run by a       ensure and perpetuate the
    political parties, but              one-person            Chief    authoritarian dynastic regime
    rather the elections are            Election Office; the           in the Kingdom. Thirdly, that
    contested by individuals            Chief Election Officer         even       the     institutional
    representing        various         and his deputy is              framework          for       the
    constituencies       styled         appointed by the King          management of elections in
    Tinkhundla;                         himself and of course          Swaziland is far from being
•   Like the previous recent            answerable to the King;        an independent and impartial
    elections,    the     2003          this situation raises a        player given that it is
    election was governed by            number of key questions        strongly beholden to the state
    three pieces of legislation         including the impartiality     machine and under strong
    namely (a) the 1992                 of the Chief Election          influences of the King.
    Establishment of the                Office as an adjunct of
    Parliament of Swaziland             the     state      machine,       Global and Regional
    Order; (b) the 1992                 accountability of the              Context of the 2003
    Election Order; and (c)             Office to both the                Election in Swaziland
    the       1992       Voter          contestants      and     the
    Registration Order; It is           electorate as well as the      Swaziland lives in its own
    instructive that all the            transparency and fairness      world despite the political
    three legal instruments             of the Office as it            winds of change that have
    are referred to not as              executes      its      legal   swept the SADC region
    Acts of Parliament, as is           mandate of running and         since the early 1990s.
    the case in a majority of           managing elections. All        Although both the reformed
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Lomkhulu) also appointed by          from the royal family and the    10.    Minister for
the King. The main mandate           current     Prime     Minister          Enterprises and
of the Council is to advise          following the October 2003              Employment: Hon.
the King on “whatever issues         election is Prince Themba               Lutfo Dlamini
or matters on which the King         Dlamini (former Chairperson      11.    Minister for Tourism,
may seek advice” 2 This              of Tibiyo Taka Ngwane a                 Environment and
centralisation of dynastic           royal investment corporation            Communication:
rule is entrenched behind a          whose total net assets stood            Hon. Mrs Thandi
veneer of political opening in       at E420 million in 1996).               Shongwe;
which the Draft Constitution         The King appoints members        12.    Minister for Public
itself upholds a Bill of             of Cabinet from both                    Works and Transport:
Rights in Chapter IV.                Chambers of Parliament                  Hon. Elijah Shongwe
Further more, the Draft              upon recommendation of the       13.    Minister for Health
Constitution      seems     to       Prime Minister and the Draft            and Social welfare:
recognise the central role of        Constitution proposes that              Hon. Chief Sipho
such key organs of state as          half of the Cabinet be                  Shongwe
the legislature, the executive       constituted by members of        14.    Minister for
and the judiciary as well as         the elected lower house. The            Economic Planning
the supportive institutions as       current Cabinet is as follows:          and Development:
the bureaucracy or public            1.      Rt. Hon. Prime                  Hon. Rev. Absalom
service, yet even in the case                Minister: Mr. A.T.              Dlamini
of all these important                       Dlamini                  15.    Minister for Home
institutions of governance,          2.      Hon. Deputy Prime               Affairs: Hon. Prince
the King still reigns supreme                Minister: Mr. Albert            Gabheni
in the process stamping the                  Shabangu                 16.    Minister for Justice
political hegemony of the            3.      Minister for Natural            and Constitutional
dynastic elite. Swaziland                    Resources and                   Affairs: Hon. Prince
operates      a     bi-cameral               Energy: Hon.                    David
legislature; the National                    Mfomfo Nkabule
Assembly (lower house) and           4.      Minister for             Evidently, the King and the
the Senate (upper house). Of                 Agriculture and          royal     house      aim     to
the total of 65 legislative                  Cooperatives: Hon.       consolidate its power and
seats, the King appoints 10                  Mtiti Fakudze            political hegemony even by
members and the Attorney-            5.      Minister for Finance:    the manner in which Cabinet
General       (the      King’s               Hon. Majozi Sithole      is      composed.         Quite
appointee) is an ex-officio          6.      Minister for Public      obviously, the Cabinet of
Member of Parliament. Of                     Service and              sixteen (with only two
the total 30 members of the                  Information: Hon.        women) is dominated mainly
Senate, only ten are elected                 Themba Msibi             by the dynastic elite and
by the National Assembly             7.      Minister for Foreign     headed by a Prince. The
and the rest are appointed by                Affairs and Trade:       dilemma that this approach
the King representing chiefs,                Hon. Mabili Dlamini      faces is that then Cabinet is
bantfwabenkhosi and special          8.      Minister for Housing     composed        of      largely
interests3 The King appoints                 and Urban                unelected individuals who
the Prime Minister often                     Development: Hon.        may not necessarily have the
                                             Mrs Dumsile Sukati       popularity      among       the
2 Draft Constitution of the          9.      Minister for             electorate which is required
Kingdom of Swaziland, 2003, p. 6             Education: Hon.          for       legitimacy         of
3 The Establishment of the
                                             Constance Simelane       government.        A      good
Parliament of Swaziland Order,                                        example of this paradoxical
1992, p.6
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Elections Order and this             linked to the manner in            candidates were nominated
additional document govern           which polling stations were        of which 300 were females.
the all the three phases of the      located      within       the      Following      the    primary
electoral process namely (a)         constituencies themselves.         elections, 333 candidates
the pre-election phase; (b)                                             were voted to stand for
the polling day activities;          Besides delimitation, another      secondary elections of which
and (c) the post-election            contentious element of the         only 30 were women. Quite
processes including dealing          general         election      in   clearly     the     Swaziland
with election petitions etc.         Swaziland revolves around          political system is extremely
One of the crucial elements          the primary elections. This        deficient in this respect.
of the Swaziland election            issue is treated adequately by     EISA research on primary
revolves around constituency         Shumbana          Karume      in   elections in the SADC region
delimitation which process           number one of the Election         as a whole reveals that this is
then defines the electoral           Update of September 2003,          one of the hot-spots that
boundaries or what are also          and Wole Olaleye in this           trigger overt and covert
termed tinkhundla. The               volume. Thus details around        election-related conflicts due
Delimitation Commission is           how the process unfolds will       mainly to lack of intra-party
appointed by the King and is         not detain us here for it has      democracy.        But     then
the principal authority for          been sufficiently interrogated     Swaziland provides yet
determining the appropriate          elsewhere as mentioned             another dimension of the
size of the 55 constituencies        above. However, it is worth        problem namely that even in
as well as the polling stations      mentioning that the whole          the absence of political
within the constituencies.           process of nominations and         parties primary elections are
About      150-200       polling     the      primary       elections   used to serve certain
stations     were     set     up     themselves are open to             entrenched political interests,
throughout         the        55     undue        influences       by   in this regard the dynastic
constituencies for the 2003          entrenched political interests     elite.
election. Delimitation of            given that both processes do
constituencies is a fairly           not conform to the one of the      Finally, another aspect of the
delicate political process           most cardinal principles of        electoral process covered by
which requires a trusted             democracy, namely secrecy          the law, yet still highly
independent and impartial            of the vote. Worthy of note        controversial, relates to the
body in the form of an               also is the fact that during       counting of votes once
independent            electoral     nominations and primary            polling has been completed.
commission to undertake.             elections no campaigning is        Although candidates are
Failing which it suffers not         allowed. This happens only         supposed to have agents
only a legitimacy crisis from        between         the      primary   monitoring the whole voting
the electorate and is easily         elections and the secondary        and counting process on their
amenable        to     political     elections. Thus, officially        behalf, the efficacy of the
manipulation        such      as     campaigning for the 2003           agents left a lot to be desired
gerrymandering by interested         elections      in     Swaziland    during the 2003 election.
powerful political actors.           happened         between      22   Further more, there were not
During the 2003 elections,           September and 17 October           many observers during the
for instances, there were            2003. Given the short space        election to observe the whole
voices in Swaziland which            of time for campaigning, the       process adequately more so
complained        about      the     electorate has difficulties        because the interest of the
delimitation process and the         making informed choice of          international community in
way in which it tended to            preferred representatives in       Swaziland (compared to a
disenfranchise            some       Parliament surely. During          country like Zimbabwe for
communities and this was             the 2003 about 1500                instance) is almost zero. So
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the most horrendous election         much the same way as              Conclusion: Imperatives
irregularities could happen in       delimitation of electoral        for Democratic Transition
Swaziland without the notice         boundaries. Thus, if this              in Swaziland
of international and regional        exercise is not handled with
observers. Fortunately, the          utmost care and diligence,       It is abundantly evident from
umbrella body for Swaziland          especially      through     an   the above expose and the
NGOs, the Coordinating               independent, neutral and         subsequent chapters of the
Assembly          of      Non-       impartial body, this can also    Update that Swaziland has
Governmental Organisations           generate a massive amount        been       holding       regular
(CANGO) monitored the                of political dust which, in      elections for the composition
whole election process and           turn, tarnishes the integrity    of the National Assembly
subsequently prepared a              of the electoral process and     under a political condition
fairly detailed report (see          casts the legitimacy of a new    considerably      devoid      of
CANGO, 2003). The process            government in serious doubt.     democratic content. Thus,
following the polling day is         The actual election does not     without any equivocation,
extremely          open       to     really happen during polling     the major challenge for the
possibilities of irregularities.     day if we are to be              small Kingdom is surely a
After the last person has            technically correct and part     smooth              democratic
voted in a polling station,          of the explanation for the       transition. This chapter and
ballot boxes are then ferried        outcome of polling day           the subsequent chapters in
to a nearby police station           activities lies in earlier       this Update read together
where      they      are   kept      processes. These include         with first Update that was
overnight. The following             both the delimitation of         prepared in September 2003
day, the ballot boxes are            constituencies and voter         just prior to the election of
ferried once again to a              registration. Once things go     October 2003 suggests, in
nearby community hall or a           haywire on these two fronts,     fact, that need for a transition
school      building     where       the outcome of an election is    towards multiparty political
counting takes place. In most        bound to be clouded in           system is more urgent now
other SADC countries, it has         incessant and, at times,         than say some twenty years
been proven that it is not           violent     conflict    among    ago when the Constitution
only cost-effective but also         protagonists in the election     was suspended in 1973. In
efficient and prudent to have        race. Of the total population    order to generate debate
votes counted at a polling           of about 1.2 million people,     within the SADC region on
station and in countries like        Swaziland has an eligible        this process, we elucidate in
Lesotho the counting at the          voting population of about       a sketchy fashion some
polling station takes place          600 000, only 228 950, of        issues and processes that
immediately after polling.           which 119 535 were women         need to inform such a
This creates confidence in           and 109 415 were men,            democratic transition in
the process and makes it less        registered for the 2003          Swaziland.
prone       to      unnecessary      election. Although slightly
political      intrigue     and      above the 1998 voter             First, the major imperative
manipulation.                        registration, the low numbers    for democratic transition in
                                     of voters still emphasise the    Swaziland revolves around a
The last piece of legislation        profound problem of voter        development of a widely
governing      elections    in       apathy in Swaziland as           accepted       constitutional
Swaziland is the 1992 Voter          elsewhere in the SADC            framework. Thus, a new
Registration            Order.       region as whole (see Wole        Constitution is a key
Undoubtedly, registration of         Olaleye in this volume).         imperative and such a legal
voters tends to be an                                                 document should not just
electrically charged process                                          exist but be a living
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document       upon       which     Third, both the constitutional     engineers; and then civil
constitutionalism and the           provisions and the actual          society and the electorate
Rule of Law are firmly              practice in the field of           should be the engine. Thus,
anchored. Integral to this          applied      politics     should   this proposition calls for
mode of constitutionalism           ensure and be predicated           constructive and peaceful
should obviously be the Bill        upon checks and balances           engagement of civil society
of Rights and the revocation        between the main layers or         with the state for positive
of     the     1973       Royal     organs of the state namely         democratic    reforms    in
Proclamation that banned            the legislature, the judiciary     Swaziland.
party political activity. Then,     and the executive branches.
a conducive political playing       The legislature and the            Finally, all said and done,
field would be set in motion.       judiciary must be able to          the international community
How far the present Draft           hold        the        executive   must also show sufficient
Constitution tackles this           accountable and reduce             interest in the political
imperative still remains a          incidences of abuse of power       developments in Swaziland.
moot point. Probably the            by the latter due to the           These should include, inter
general public debate over          currently obtaining condition      alia, the Southern African
this draft document and the         of the political hegemony by       Development         Community
subsequent referendum (if           the dynastic elite. In this        (SADC), the African Union
any is planned) will tell us        wise, even the current             (AU)            and          the
whether or not this is the          condition         of        high   Commonwealth to which
right format for democratic         centralisation      of    power    Swaziland is a member. The
transition in Swaziland.            within the palace would need       interest of the international
                                    to be tampered with. It may        community           in       the
Second, then having sorted          be a good opportunity for          imperatives for democratic
out the supreme law of the          Swaziland to borrow from           transition     in    Swaziland
land, Swaziland then has to         Lesotho’s         constitutional   should start first and
reform its electoral laws and       monarchy and deliberately          foremost                through
electoral          institutions     steer its political system         constructive         diplomatic
accordingly. In this vein,          more and more away from            dialogue aimed at exhorting
obviously all the three pieces      the executive monarchy             the ruling elite to open up the
of legislation namely (a) the       framework.                         political    system in         a
1992 Establishment of the                                              democratic direction.
Parliament of Swaziland; (b)        Fourth,       besides      the
the 1992 Election Order; and        unbanning of political parties     Hopefully before the next
(c)    the     1992      Voter      for purposes of opening the        election in 2008, Swaziland
Registration Order would            political marketplace for free     will have undergone these
have to be amended in order         and unfettered competition         momentous      developments
to conform to a new                 for control of state power, it     and following that the key
democratic       Constitution.      is also imperative that civil      challenge, would shift from
Equally important is the            society     movement        in     democratic transition to that
whole issue of reform of the        Swaziland be allowed ample         of democratic consolidation.
election management body            space to operate and lobby
(EMB) away from a                   policy actors for a more
government         department       democratic       dispensation.              References
towards an independent and          Democracy             operates
impartial body in the form of       somewhat like a car; the           CANGO. 2003. “Report of the
an independent electoral            state institutions are the         Electoral   Support    Network
                                                                       Observer Mission on the Primary
commission.                         drivers; political parties are     and Secondary Elections in
                                    the      motor       mechanic
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Government of Kingdom of
Swaziland.        1992.       The
Establishment of the Parliament of
Swaziland Order, Nkhanini.
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DEMOCRATIC PERSPECTIVE
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power of the King, it does            that this Constitution did not    process of democratisation.
have a Bill of Rights and             emanate from a wider              The challenge is to develop
recognises the freedom of             consultation. Civil society       people’s participation and
association. It also refers to        organisations were never          awareness in the political
the status of women. It               consulted and the selective       management. The creation
makes provision for the               manner         in       which     of a democratic society in
increase      of      women           submissions were made             Swaziland cannot start until
representation in Parliament          opened room for the               and unless there is a drastic
and government. The 2003              rejection of the Constitution     behavioural change from the
election did not improve on           even before one could even        Kingdom.       It    is    thus
women representation; only            consider its form and             imperative that the capacity
9 women were elected to               content. There is a need to       of pressure groups is
Parliament       and      two         go back to the drawing board      enhanced         and      their
nominated by the King. We             and     rethink     a   better    institutional capacity to play
have today 11 women MPs               constitutional    route    for    this role effectively and
out       of     65      MPs.         Swaziland.                        register meaningful impact
Nevertheless, these changes                                             assured.
demonstrate that the King is          Second, the place and role of
not, as one would like to             the King in future political      Fourth, Swaziland is a
believe, insensitive to the           system must be well               country where the power of
cries and supplications of his        determined.         Arguably,     tradition is so pervasive and
subjects.                             Swaziland may have to             as a result the governance
                                      follow the Lesotho example        process is marked by clear
        Way Forward                   of a constitutional monarchy      bifurcation: Western modern
                                      (see Matlosa in this volume).     model and traditionalism.
First, there is no doubt              His traditional role as the       Apparently, the biggest
reforms are quickly needed            father of the nation should       challenge for Swaziland is
in Swaziland. Consensus               not be tempered with.             precisely how to strike the
must be reached on key                                                  balance between the two
issues. These reforms should          Third,       civil      society   forms of governance and the
cover the Constitution and            organisations play a critical     dilemma is how to go about
the electoral law in the first        role in the transformation of     it? Fortunately, there are
instance. The negotiations            societies. The movement of        already examples on the
would have to include all             change in other countries in      continent of good practice to
stakeholders from the King,           SADC was the work of              bring about a peaceful
political parties, civil society      internal forces. Swaziland        transformation. In Southern
and citizens. There is no             civil society has not been        Africa, Lesotho could be a
shortcut       to       political     able     to    pressure     the   country       from      which
transformation. Any change            monarchy       to    introduce    Swaziland could learn.
that would try to sideline            fundamental change for the
major actors would not be             past decade. There is no          Fifth, the Tinkhundla system
sustainable in the long run. It       doubt the democratisation         of organising elections must
is with this in mind that             process would be slow             be changed or amended to
Khabele Matlosa argues, “it           without       civil     society   ensure that it is more open,
would be difficult to have            agitation (see Matlosa in this    transparent and competitive
the        current         Draft      volume). Quite obviously,         to give electorate sufficient
Constitution adopted as a             there is need for a working       room to make informed
collective       Constitutional       partnership between and           choices on the people who
vision.”     The underlying           among the state, private          should govern them. As a
basis for this argument is            sector and civil society in the   consequence       of      the
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ELECTION POST-MORTEM
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That said the Election Order        was higher than average,           employment         generating
of 1992 does list what is           unleveling the playing field       projects.
considered as unethical             to their advantage. There
practice. Part II of the Order      was the possibility that high      We were also informed that
lists the following as corrupt      profile candidates linked to       the       composition       of
practices to which candidates       political       organisations      candidates in these elections
are expected to adhere:             benefited both in terms of         tended to dilute the quality
(sections 63) treating the          voter support and assistance       of the campaign promises.
provision of meat, drink or         from their organisations. For      Candidates did not seem to
refreshment in order to             that reason we noted that the      have the political attitude
influence voters, (section 64)      involvement of “independent        one would require in aspiring
using or threatening to use         candidates”     in     future      MPs. We were told that two
force         violence      or      elections will bring some          school-going children were
supernatural       means    to      daunting challenges to the         contesting the elections and
persuade a person to vote,          electoral processes, which         they used rhetoric that did
(section 65) the giving or          can be addressed via               not quite connect to politics.
offering of money, gifts,           enacting          appropriate      For instance they were heard
rewards, etc to promise             legislation.                       to have said that they were
anyone to vote. Candidates                                             hungry and they needed a
hardly adhered to these rules       Both the absence of political      chance to earn money as an
and as a result campaign            parties and the calibre of         MP. They also focused on
irregularities were rampant.        candidates      affected     the   minor issues such as
There were a lot of                 quality      of       campaign     promising to provide a
complaints about how the            promises and issues. Because       football pitch. Celebrity
campaign process went and           candidates have no party           candidates also found some
there were allegations that         platforms       to      follow,    voter appeal this year. With
some candidates donated             campaign issues were more          politicians banned in the
food hampers to prospective         situational and dependent per      Kingdom, it was not
voters, provided their own          constituency than policy           uncommon to see individuals
transport and other forms of        based as expected in party         with        such      diverse
bribes to entice voters.            political campaigning. In the      background such as fashion
                                    absence of political parties       and radio producers contest
The             unprecedented       aspiring MPs tend to focus         these elections. The general
involvement of members of           more on local issues that          sentiment was that the
banned political parties as         matter to their electorate at      election was a popularity
candidates in these elections       community level than on            contest and that people
introduced new elements in          issues     that      emphasise     sought to be MPs for
the election process that beg       national plans and priorities.     personal gains.
some attention. As much as          As a result there was no
their participation was a           uniformity in the campaign         Essentially candidates are
welcome initiative which            issues; these ranged from          restricted to certain issues
had created some excitement         HIV/AIDS related issues            due to the mode of
in     constituencies      and      such as passing the necessary      governance that presently
galvanised interest, it caused      legislation to address the         rules Swaziland. Many felt it
some suspicion among the            issue of orphans from              was unnecessary to draw on
non-politically      affiliated     HIV/AIDS pandemic, to              policy specifics of how they
candidates.      We       were      others promising to resolve        would press for reform given
informed that due to their          the problem of the Rule of         that Parliament is usually
connection with political           Law, and promising voters          used as an advisory body and
groups their level of capacity      with roads, clinics and            MPs lack the power to
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closed between 5.00 pm and         caused     some     confusion     that in almost all the polling
6.00pm. These differences in       among the voters and              stations the team visited the
opening and closing times          compelled the government to       outer perimeter was not
that we observed were a            arrange transport at the last     clearly marked, hence it was
result of miscommunication         minute. We also noted that        difficult to assess whether or
between the Election Office        voting stations were not          not any form of candidate
and its staff. The correct         easily accessible. Those who      campaigning taking place
times were clearly not             did not have official             was or was not taking place
communicated       to     the      transport had to walk for         within the perimeter.
Presiding Officers; many it        long hours.
seemed      had     different                                        Voting procedures
information and were not           Each       polling      station
aware of the correct times.        according to the polling          The polling arrangements are
There were some cases              procedures was supposed to        clearly set down in the
however where the voting           be staffed and managed by         Election Order of 1992,
process was delayed as a           the Presiding Officer, polling    which also states the laws
result   of    agents    and       officers      and      security   regarding the counting and
candidates arriving late and       personnel. The Presiding          results process. The rules
the material being delivered       Officer’s                 main    and       regulations,     we
late.                              responsibilities    were     to   concluded        were      not
                                   maintain a commanding             appropriately communicated
Polling Station set-up             position, give directions as      by the Election Office to its
                                   may be necessary, explain to      staff, nor were they followed
Most voting stations were          voters        the       correct   uniformly across the country
laid out correctly, with           procedures, give assistance       as they are set out in the
adequate facilities and voting     and keep order. A Returning       Order. This conclusion was
space. Sufficient number of        Officer was also appointed        based on the following
tables and chairs and              for     each      constituency    observations.
adequate supplies of forms,        responsible for the general
voters’ rolls, ordinary and        arrangement and conduct of        We observed that there were
tendered ballot papers were        the poll in that constituency.    many other cases where
made available. There were         We noticed that in some           polling procedures were not
two forms of ballot papers,        stations, however not all the     uniformly followed. Some
one for the election of the        required staff was present.       stations did not check for
Member of Parliament and           Some stations had the 8           indelible ink on voters
the other for the election of      required staff and others had     thumbs neither did they
the      Indvuna/community         less than four. It was also       stamp the voters certificate.
headman.                           difficult to identify them; in    Some were stamped at the
                                   some stations the election        end of the voting at some
The number of polling              staff was easily identifiable     polling stations and at other
stations was adequate; in fact     with their bright orange          polling stations not stamped
the Election Office had            election bibs whilst in others    at all. At most of the stations
arranged for a total of 150-       staff did not have any form       we visited we found more
200      polling     stations.     of identification to denote       than one voter inside the
However,      the    Election      their status, which made it       station which is against
Office, without prior notice       difficult for observers to        voting procedure whilst
combined two stations in one       identify those that had           other stations only allowed
location for some districts,       permission to be in the           one voter at a time.
the morning of the election.       stations and those that did       According to the Election
This change of location            not. It is also worth noting      Order of 1992 in section 22,
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                             election update 2003 · swaziland · number 2
no person is admitted to a           stated that a particular name     observed that this was more
polling station unless his/her       in the registers roll referred    a result of inadequate staff
name appears on the register         to him but there was              training by the Election
of voters. Persons who are           evidence that a ballot paper      Office than inability of the
exempt are of course, the            had already been issued in        officials to perform their
Election Officers, security          his name, not all polling         tasks. This raises questions
officers, the candidates’            officers followed procedures      about staff training and is an
agents and observes. The             as stipulated in the Election     indication that there may not
sealing of ballot boxes also         Order. Some followed the          have been an adequate
differed, we observed that           instructions by issuing him a     administrative          system
many stations only had their         tendered ballot paper and         provided by the Election
ballot boxes locked and              asking the voter to sign a        Office for its staff to operate
many were not sealed with            declaration whilst others         in.
thread and sealing wax as            allowed such voters to vote
stipulated in the regulations        using the ordinary ballot. All    Secrecy of the ballot
                                     these different cases arose
There were some positive             because the registration          The secrecy of the ballot
observations however. For            certificate did not have          during the voting was
instance we noted that               adequate information of the       generally assured except for
electoral officials observed         voter and was open to             the assisted voters, in
the rules quite well with            manipulation      and     vote    particular the elderly, whose
regard         to        voters’     buying. The Elections Office      secrecy was compromised as
identification.            Most      admitted that this was an         they had to be assisted by the
demanded to see the                  issue that needed to be           Presiding Officer. This is
registration certificate or the      modified. The fact that the       authorised, however in such
stipulated        identification     certificate did not have a        instances we observed that
documents in the case where          picture for instance was          others too, assisted voters
a voter had misplaced his or         problematic.                      such as the security officers.
her certificate. They also                                             When assisting incapacitated
turned away voters that did          Electoral staff performance       voters, Presiding Officers
not have either form of                                                were required to enter the
identification, although there       The mission observed that         name of the voter on a form
were very few such cases.            for the most part, election       for record keeping; a
There were cases where the           officials carried out their       procedure that was not
Presiding Officer allowed            duties efficiently and in an      always followed. A further
voters without appropriate           impartial manner. Each            tendency that might have
voter certificates to vote           station we visited was staffed    undermined       the     ballot
provided their names were            by a sufficient number of         secrecy was the way in
identified in the registers roll     officials which helped to         which some voting booths
and provided the identity of         overcome the workload as          were positioned. In a few
the voter was confirmed by a         this ensured that each staff      instances the open end of the
traditional chief. In general,       was designated a particular       voting booth was facing
in those stations we visited         task. Presiding Officers in       windows       or     officials.
we observed that Presiding           particular,     should       be   Additionally, the team was
Officers only allowed those          commended for their diligent      particularly concerned with
who were on the register to          work and support they             the writing of the registration
vote.                                provided their staff. In a few    number on the counterfoil of
                                     of the reported cases where       the ballot paper, this meant
However, in cases where the          procedures       were       not   that it was possible to
applicant for a ballot paper         followed correctly, the team      ascertain who each voter
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                            election update 2003 · swaziland · number 2
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                      election update 2003 · swaziland · number 2
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                        election update 2003 · swaziland · number 2
What is clear from the            would have wanted such              results      of     the
2003            Swaziland         a dramatic change but               Parliamentary and the
elections result is that          this is not the case. Of            Tindvuna Tetinkhundla
there was widespread              the 30 members of the               elections on 21 October
dissatisfaction with the          Senate - the upper house            2003. The result of the
performance             of        of Parliament - 20 are              election      announced
incumbent MPs - a large           appointed by the King.              excludes constituencies
number of whom were               The        King       has           where elections result
not     re-elected    into        considerable amount of              were disputed either at
Parliament and serious            power and scope to exert            the      primary    and
evidence      of    voter         substantial     influence           secondary levels.
disengagement in the              over election process.
election. This would                                                  The number of votes
appear to suggest that             Summary of the 2003                secured by the elected
the process is relatively            Elections Results                Parliamentary         and
free from the influence                                               Tindvuna Tetinkhundla
of the chiefs, since it           The Chief Electoral                 candidates is as follows:
seems unlikely that they          Officer declared the
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                               election update 2003 · swaziland · number 2
** Elections either did or did not take place in these constituencies because of disputes on primary or secondary
elections outcome.
In all constituencies the                 election (39 276) that voters              than usual voter turnout is
number of registered voters               are more interested in voting              much evident in this election
for     the    Parliamentary              for    Members        of  the              with        Hhohho       district
election is exactly the same              Parliament as compared to                  commanding the highest
as those who registered for               local council representatives              number of votes cast in the
the Tindvuna Tetinkhundla                 (Indvuna Yenkhundla) where                 Kingdom – 20.3%. Since
election. The register of                 only 31 326 exercised their                there is no available estimate
voters does not distinguish               choice. In total, this number              on the actual number of
voters on the basis of those              represented a mere 18.4%                   eligible voters in Swaziland,
registered      for       the             (39 276) of registered voters              it is difficult to extrapolate to
parliamentary election and                who       voted      in   the              the entire population relative
those registered for the                  parliamentary election. This               to the proportion of eligible
Tindvuna        Tetinkhundla              figure, when compared to                   voters in Swaziland. The
election.                                 1998 elections, represents a               table below provides the
                                          difference of 67.2% (80 569)               percentage of registered
However, it does appear                   in number of voters who                    voter who voted in the 2003
from the number of votes                  voted in the parliamentary                 parliamentary         elections:-
cast for the parliamentary                election. Generally, a lower
.
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                               election update 2003 · swaziland · number 2
Table 2: The percentage of registered voters who cast their votes in the 2003 parliamentary election
Source: Compiled from the Report on NGO Electoral Support Network Observer Mission on Primary and Secondary
Elections in Swaziland: 19th – 20th September & 18th – 19th October 2003. Published by the Coordinating Assembly of Non-
Governmental Organisations (CANGO)
 Contextaulising the 2003                 increase of 15.2% (30 171)                 its outcome as representing a
    Elections Results                     in the number of registered                form of democracy that
                                          voters compared to 198 445                 remains true to African
The       election       under            registered voters in 1998                  traditions. Others would
consideration in this paper is            elections. According to the                struggle to acclaim any
the parliamentary elections               statistics provided by the                 legitimacy      to    elections
for Members of Parliament                 Swaziland           National               conducted under a system
and Tindvuna Tetinkhundla                 Elections Office, Manzini                  that appears to give the
within               different            and Hhohho regions had the                 people a minimal say on how
constituencies in Swaziland,              highest number of registered               their interest is represented.
which was conducted on 18                 voters – 63 638 and 61 999                 This election, demonstrated
October 2003. The counting                respectively.     This     is              through its low voter turnout
of votes took place on 20                 followed by Shselweni (58                  is a clear indication that the
October     2003      in    all           555), and Lubombo (44                      Swazi people are refraining
constituencies     and     the            424).                                      from       participating     in
election      result      was                                                        Tinkhundla based elections.
announced on 21 October                   The political impasse in                   This is a highly striking
2003 by the Chief Electoral               Swaziland not only raises                  feature and possibly a
Officer.                                  pertinent question around the              victory to the pro-democracy
                                          nature of political and                    movements          and      the
In general, there is no                   efficacy of the political                  underground political parties
official figure available on              system. In appreciating and                who called for the boycott of
the actual voter turnout for              assessing the performance of               the election and that the
the elections. A total of 228             the      various       elected             tinkhundla system lacks
616 people registered for the             representatives     in     the             popular legitimacy as a
October       2003    general             October 2003 elections, one                consequence        of    apathy
election. The number of                   must query whether an                      demonstrated through low
women who registered to                   election conducted under a                 voter turnout.
vote far outweighs the                    state of political impasse
number of men: 119 358                    characterised       by       a             The challenge for Swaziland
women registered compared                 despairingly     low     voter             as well as outside observers
to 109 258 men. The number                turnout can be regarded as                 is to determine whether
of registered voters reflects             representing the will of the               individuals elected through
an increase trend when                    Swazi people. Invariably,                  the     tinkhundla    system
compared to the previous                  there will be divergent views              without            aggregated
elections (i.e. 1993 & 1998).             on this issue. Some would                  constituency
This number represents an                 like to see the election and               mandate/interest and national
                                                                                                                     27
                            election update 2003 · swaziland · number 2
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                             election update 2003 · swaziland · number 2
GENDERPERSPECTIVE
                                                                                                        29
                              election update 2003 · swaziland · number 2
income         and      further       tips on how to impress the voters       representation     with     the
impoverishes          destitute       and how to run a successful             difference being marginal.
families. The demographic             campaign. The time for an               The Shiseleni region topped
                                      education campaign is before the
change        wrought        by       MP enters office, even before she       the Manzini region by one
HIV/AIDS is raising a                 is elected. Once they are in the        vote, with 102 nominated for
‘threat’, in the view of the          House of Assembly, it is almost too     the former and 101 for the
traditionalists, that more            late to ground them in an               latter, while Hhohho was not
women will enter the public           understanding of basic issues,          far behind with 99. The
                                      because of their work duties. For
service. As women at                  the most part, the candidates are       drought–stricken Lubombo
present, are not permitted to         made up of community leaders. If        had      approximately       52
own property or secure bank           they have been nominated, and           women nominated with an
loans, Women and Law in               succeeded in the primary elections      unofficial report that a
Southern      African     have        to run in the general elections,        woman was forced to
                                      then they have influence and
successfully managed to put           supporters. They will continue to       withdraw by her husband.
into place in the Draft               be involved in the developmental        Thwala stated “It is true that
Constitution a section that           issues. It is important that they be    a number of women were
makes it illegal to refuse to         trained as well, even if it turns out   nominated, but a number
do business with women.13             they don’t become MPs.14                declined… so to me, the
The      Draft     Constitution                                               figures are not different from
                                      Participants      were     also
perhaps heralds the end of                                                    previous elections, except
                                      introduced to a wide range of
the Swazi custom that                                                         that perhaps now, there has
                                      social issues as well as
bestows on women the legal                                                    been a lot of interest from a
                                      information      on     gender
status of minors as it                                                        number of people.”15
                                      empowerment and specific
prohibits discrimination on
                                      legislation that is required to
the basis of sex, but it was                                                          Voter Turnout
                                      elevate the status of women
not ratified by the King in
                                      such as property ownership
time for the 2003 elections.                                                  According        to       the
                                      permission for women.
The King has made it clear                                                    Commonwealth          Expert
that none of its provisions                                                   Team, the turnout of women
                                      Approximately 255 women,
will be allowed to stand if                                                   voters as a proportion of the
                                      from a total of some 1000
they are in conflict with                                                     total number was impressive,
                                      were nominated to stand as
Swazi law and custom.                                                         although poor transport
                                      Members of Parliament in
                                                                              facilities may have deterred
                                      the parliamentary elections.
 Nevertheless,           Non-                                                 some women from voting 16
                                      This excluded a number of
Governmental Organisations
                                      those who were nominated
(NGOs) have played a                                                               Women in Parliament
                                      as    constitutency       heads
seminal role in increasing the
                                      (Tinvuna Tetinkhundla) and              Five women were appointed
number of women legislators
                                      those elected constituency              to the 65-member House of
in the 2003 elections. The
                                      councillors         (Bucopho).          Assembly and four as
National Director of the
                                      According       to      figures         constituency governors. The
Swaziland      Chapter      of
                                      supplied by the Chief                   Shiselweni Region was the
Women in Law in Southern
                                      Elections Officer, almost all           most disappointing with only
Africa explained:
                                      three              (considered          one     female     candidate,
 We engaged in a candidate            educationally        advanced)          Nomsa Simelane appointed
education process like never          regions     of     Shiselweni,          as constitutency governor for
before. We held workshops to          Manzini and Hhohho had the              Sandleni. In the Lubombo
instruct women candidates about       lowest number of women
the issues. But we also gave them
                                                                              15Lushaba: 2003
                                       14
                                            Hall: 24 October 2003             16Commonwealth Expert Team:
13   Hall: 2003                                                               2003
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                           election update 2003 · swaziland · number 2
region, three women emeged         Given the number of women        Speaker in the House of
as winners, Trusty Gina was        to make it to Parliament in      Assembly.20
elected MP for Nkilongo            the national elections, His
while Lindiwe Mavuso of            Majesty seemed to be the                    Conclusion
Hlane and Manesi Dlamini           last hope for those who
became governors. The same         advocate the appointment of      The challenge for greater
number of women were               women to positions of            participation of women in
elected in Manzini , with two      power.18 In reality, the King    the political development of
becoming MPs. These are            appointed two women two          Swaziland is two-pronged.
Dumisele      Sukati      from     MPs to complement the five       First, the constitutional and
Manzini North and Maria            elected women MPs, one of        legal framework must be a
Ntshangase      of    Manzini      whom is his sister Princess      conducive one for gender
South. Thandi Dlamini is the       Tsandzile. This raised the       equality. Second, women’s
constituency governor at           representation of women in       organisation      ought    to
Ludzeludze.       Only     two     the House of Assembly to         intensify the gender struggle
women were elected in the          11%.                             in Swaziland with or without
Hhohho      region.     Esther                                      constitutional reforms.
Dlamini      and     Hlob’sile     The national director of the
Ndlovu became MPs for              Swazi Chapter of the             This conclusion means that
Mbabe East and Pigg’s Peak         Women in Law in Southern         constitutional and legal
respectively      The number       Africa     summarised    the     reforms are a critical
represents 8.6% of the total       current increase in the          imperative for increased
number of candidates elected       number        of     women       participation       in      the
for both the MP and Indvuna        representatives as follows:      governance process. How the
Yenkhundla       (constituency     We fought hard to get            Draft Constitution addresses
governor) posts This comes         women into Parliament. We        this issue remains to be seen.
far below what SADC is             are succeeding. Swazis now       Be that as it may, addressing
advocating when it comes to        see what these women can         gender       imbalances      in
decision-making since it           do. They see us in positions     Swaziland, as elsewhere, is a
desires a 30% women                of authority; they see us        political issue that forms part
representation 17.                 speaking from the floor of       of lobbying and advocacy by
                                   Parliament – this will make      both women’s organisations
                                   an impression. It has been       and other pro-democracy
Section 95 (3) of the Draft        difficult for women to be        groups in the country.
Constitution states that 20        elected before – now it will
Senators, at least eight of        be easier. People will no
whom shall be female, shall        longer dismiss the notion of
be appointed. If the Draft         women in positions of power,
Constitution was adhered to        or be afraid of us in those
at least 12 of the people on       position19
His Majesty the King’s list
of appointees should be            This position was further
women. The Draft contains          validated by the appointment
clauses    that     make    it     of Trusty Gina, the first
compulsory for the King to         female to the post of Deputy
appoint at least eight women
into the Senate and four into
the House of Assembly.              Maphala: 24 October 2003
                                   18
                                   19
                                     Swaziland: Mswati Picks His
                                   New MPs :2003.
17   Maphala:2003                                                   20   Yende:2003
                                                                                                31
                               election update 2003 · swaziland · number 2
References                                    IRIN News. “Mswati Picks His                                 “Women Candidates Fight Age-
                                              MPs”                                                         old Sexism”, 1998.. Africa News
Commonwealth Expert Team.                     http://www.irinnews.org/report/asp                           Service, 15 October
2003. Swaziland National                                                                                   http://www.swazinews.co.sz/storie
Elections                                     Lushaba, A. 2003. “255 Women                                 s/15 October_women.htm
                                              Nominated” in Time of Swaziland.
 Hall, J. “Candidates Vote to                 http://www.times.co.sz/002.htm                               “Only Two Women get into
Promote Social Agenda if                                                                                   Swaziland’s Parliament” 1998,
Elected.”                                     Maphala, I. 2003. Times of                                   Inter Press Service, 26 October.
http://www.afrika.no/detailed/4262            Swaziland, 21 October                                        http://www.swazinews.co.sz/storie
.html                                                                                                      s
                                              Maphala, I. 2003. Times of
Hall, J. 2003. “Swaziland Women               Swaziland, 24 October                                        Yende, M. 2003 “Trusty Gina is
Battle with Culture In Order To               http://www.times.co.sz/002.html#a                            First Female Deputy Speaker”
Fight AIDS”,                                  rticle 8                                                     Times of Swaziland, 18 November
                                                                                                           http:www.times.co.sz/002/html
http://www.aegis.com/news/ips/20
03/ip030908.html
Dr. Jackie Kalley the Senior Librarian and Publications Officer-Research Department.
The opinions expressed in this publication are not necessarily those of EISA
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