Swaziland: The King’s Constitution

The report examines the draft constitution unveiled by King Mswati III on 31 May 2003. It concludes that the document preserves the monarchy's absolute power, as the King remains the head of the executive and retains the authority to appoint the prime minister, cabinet, and judges. While the draft removes the King's power to rule by decree and improves the legal status of women, children, and the disabled, it remains silent on the status of political parties, which have been banned since 1973. The author highlights a persistent crisis in the rule of law, citing executive interference in the judiciary and the rejection of the draft by pro-democracy movements such as the Swaziland Democratic Alliance.

• The 2003 draft constitution maintains the absolute power of the monarchy by ensuring the King remains the head of the executive and controls the appointment of the prime minister, cabinet, chiefs, and judges. Additionally, no bill passed by parliament can become law without the King's approval.
• The draft constitution fails to address the legal status of political parties, which have been banned since 12 April 1973. Although the Bill of Rights guarantees 'freedom of assembly and association', there is no explicit mention of political parties.
• The draft introduces specific legal and social advancements, including the removal of the King's ability to rule by decree, the replacement of the Court of Appeal with a Supreme Court, and the removal of the legal minority status of Swazi women.
• The proposed legislative structure includes a 30-member Senate, where the King appoints 20 members (including at least eight women). The remaining 10 members (including five women) are appointed by a 76-member House of Assembly, which consists of 60 elected members, 10 royal appointees, and six special women members.
• The Swazi executive has demonstrated a pattern of contempt for the judiciary and the rule of law, including refusing to abide by court decisions and forcing the resignation of the Chief Justice of the High Court and Court of Appeal judges in November 2002.
• Pro-democracy and progressive forces, including the Ngwane National Liberatory Congress (NNLC), Peoples United Democratic Movement (Pudemo), and the Swaziland Youth Congress—united as the Swaziland Democratic Alliance (SDA)—reject the draft constitution and planned to boycott the October 2003 parliamentary elections.

APA

Maroleng, C. (2003). Swaziland: The King’s Constitution. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/SWAZIJUN03.PDF

Chicago

Maroleng, Chris. Swaziland: The King’s Constitution. Institute for Security Studies, 2003. https://issafrica.s3.amazonaws.com/site/uploads/SWAZIJUN03.PDF.

Wikipedia

{{cite report |last1=Maroleng |first1=Chris |title=Swaziland: The King’s Constitution |publisher=Institute for Security Studies |date=26 June 2003 |url=https://issafrica.s3.amazonaws.com/site/uploads/SWAZIJUN03.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{maroleng2003swaziland, author = {Maroleng, Chris}, title = {{Swaziland: The King’s Constitution}}, institution = {Institute for Security Studies}, year = {2003}, month = jun, url = {https://issafrica.s3.amazonaws.com/site/uploads/SWAZIJUN03.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }