PUDEMO+Commemoration,+9-07-2005

7th July 2005

(09268) 6075479 RSA Office (0711) 339 3621

The 22nd Commemoration of the Peoples Movement’s unbroken struggle for the freedom of the people of Swaziland on 9 July 2005 in Manzini

The people of Swaziland under the political leadership of the People’s United Democratic Movement (PUDEMO) will once again commemorate the birth of this political giant on Saturday 9th July 2005 in Manzini.

Amongst other things that will be addressed in the rally are;


 * The sham called a constitution which King Mswati III, the last dictator in Sub Saharan Africa wants to force down the people of Swaziland.
 * Showing Swazis and the world that Swazis are not free, and that the King is not sincere when he said he was committed to democratic reforms
 * The people of Swaziland are yearning for their freedom now.

PUDEMO has made it clear from the very beginning of the constitutional fraud process some 10 years ago.

The following concerns were raised to the minority family regime;

1.1 The people under the leadership of PUDEMO were the ones who demanded a written Constitution for the country, not the Monarchy or Tinkhundla Government.

For the past twenty two years of struggle, PUDEMO has been the leading voice calling for an all-inclusive political process that would ensure the free participation of all sectors of our society in the constitution making process. Such representatives would have had a clear mandate of the people through their respective constituencies.

1.2 As mentioned above, the Royal Family consistently opposed the idea of a Constitution as they said a constitution is a foreign idea. However, pressure from the people under the leadership of PUDEMO forced it to relent and hence the so called constitutional reforms were started.

This is a historical fact that we would like the Swazis not to forget nor ignore as it has a bearing on the future of this country. The entire world should also know this fact so that they can understand our peoples’ concern and fears.

The reforms failed the litmus test for a democratic constitution making process by;

1.2.1 Refusal to allow civic formations representing their constituencies to be part of the process. 1.2.2 All commissions were chaired by Princess 1.2.3 Commissioners handpicked from the Conservative camp. 1.2.4 Divergent views not tolerated as those with differing views were discouraged to voice their aspirations and concerns during the so-called consultations. 1.2.5 Process was a fattening ranch where Princess were making themselves rich i.e. R100 Million over 11 years. 1.2.6 Lack of political education on the populace on Constitutionalism for effective participation during the so-called community consultations. 1.2.7 Lack of freedom of the media in reporting divergent views. 1.2.8 Chiefs who control about 67% of the country and its population were used to intimidate people who were pro democracy. Those who called for multi party democracy were threatened with evictions from their land.

This resulted to the process lacking legitimacy, and consequently;


 * Can never be trusted to produce a universally acceptable document.
 * Can never be trusted that it (the royal family) cannot reverse whatever gains have come through this document.
 * It is not in the royal family’s interest to have a document that will transfer power from the family to the people safeguarded by the Constitution.


 * 2.0** **Current Constitution and its shortcomings.**


 * 2.1 Political parties**

Political parties remain banned to participate in the politics of the country. According to the daft constitution, political parties will not contest for elections, and hence cannot be part of the legislature, or executive, but status quo will prevail.

=__2.2 Executive powers of the King__=

The king has executive authority, and he continues to appoint the following;


 * Prime Minister, Cabinet,
 * Judges
 * Regional Administrators
 * Army Commander
 * Police Commissioner
 * Correctional Services Commissioner
 * Secretary to Cabinet

In addition he can summon and Dissolve Parliament. He has control over land, Minerals, and the Armed forces.

This process is therefore prone to reversal by the monarchy just like it happened in 1973 when the King repealed the Independence constitution. This was done after the opposition party had won a single constituency out of a total eight Constituencies.


 * 3.0 Other fundamental problems with the Constitution.**


 * Whilst this may seem a good thing for someone who does not understand the “Mafia” style dictatorship that has ruined Swaziland for the past 32 years, Swazis know what this mean. This is nothing but a ploy to give legitimacy to a process that has been cast in stone.**


 * **The royal family under Prince David continued with its family project**
 * **Members of the Royal family were allowed to have group input in how they want to see the final document. Some powerful Princes continued to influence the process in private.**
 * **The population was not educated on constitutionalism before their “views” were sought. It must be remembered that Swazis were free for only 5 years (1968 – 1973), and for the next 32 years they have been ruled under a state of emergency. What then do they understand about basic human rights to demand them?**
 * **Chiefs continued to coerce and intimidate those who were calling for a democratic constitution, and threatened them with evictions from their lands. These are the predominantly rural, uneducated, powerless, landless, and majority of our people. They account for 67% of the population.**
 * **The state run media, the Television and radio station continued to be used to spread propaganda in favour of retaining the status quo, and ensuring that differing views were suppressed.**

What then will be the final product?

From what has been described above, it is clear that the final document will not reflect the aspirations of our people. It will be a document to legitimize the suffering of our people. We have no intention to abandon our people at this time of the struggle. Our people have suffered for three decades under the family and the time for their unconditional freedom is now.

PUDEMO’s views on a way-forward.

As early as 1992 PUDEMO published its way-forward. This document proposed a peaceful and all inclusive negotiated settlement under the name “The way forward, towards a constituent Assembly”. This was given to the Royal regime and it is as follows;


 * NEGOTIATION PROCESS**.


 * 1. Preliminary negotiation**

We as a Movement are firmly convinced that a formal and properly constituted negotiation process can only be effected through a broad-based representative National Convention. However, we are conscious of the fact that certain pre-conditions have to be met to facilitate the laying down of the basis for a fundamental move towards the envisaged convention, and of creating a conducive climate for the negotiation process would be able to lay the foundation for a National Convention.


 * 2. Memorandum of intent**.

To ensure that the democratisation process is itself democratic at the initial stage, the preliminary negotiations must not only be confined to the progressive forces but also be inclusive of traditional institutions-in-fact it must be a microcosm of our society i.e. political parties, political organisations, labour organisations, the youth, women’s organisations, traditional institutions and other interest groups. The outcome of the preliminary negotiations will be a Memorandum of Intent where His Majesty King Mswati III unreservedly commits himself and the Government to formal and properly constituted peaceful negotiations through a national convention. The Memorandum of Intent shall include inter - alia the following: -

a) The outlining of all terms of reference for the national convention; b) The meeting of pre-conditions to facilitate the creation of a conductive climate for negotiations which demands the political tolerance through the lifting of the state of emergency and all other repressive laws. Hence, the three specific decrees hereinafter set forth must of necessity be repealed as they impede any genuine move towards a new political dispensation-.

- Decree no.11 which provides for the banning of political parties and other mass political organisations;

- Decrees no.12 and 13 which provides for the prohibition of meetings, processions/demonstrations, associations and forming of political parties etc;

c) The abrogation of The King’s Proclamation of 1973;

d) The abrogation of the Establishment of Parliament Order No. 23 of 1978;

e) The reinstatement of the Bill of Rights;

f) The unbanning of all political parties;

g) The unconditional return and indemnification of all political exiles;

h) The dissolution and dismissing of all “shadowy” cabals that surround the King like the “Central Committee” so that we know exactly who we are dealing with; and

i) Such pre-conditions have to be declared in a formal legal instrument.


 * NATIONAL CONVENTION.**

The Movement reaffirms its conviction that formal and properly constituted negotiations can only be done through a National Convention, with its immediate objective of creating an interim government and electing a Constituent Assembly. A national convention is a forum whereby all political parties, political organisations, labour organisations, the youth, women’s organisations, traditional institutions and other interest groups would come together to work out the details of the democratic process and to lay down acceptable parameters on the modalities leading to the Constituent Assembly.

A constituent assembly must act as the place where a new constitution guaranteeing a truly democratic Swaziland must be drawn up, but the run-in period leading up to actual election of the constituent assembly and the overseeing of the elections to the constituent assembly requires some interim authority to manage the process.

This same national convention will constitute an interim authority on a democratic basis to govern and oversee the whole democratic process. It is our considered view that a task of such fundamental importance can only be carried out by a properly constituted and impartial government. An interim government with clearly defined functions and limited powers formed by the national convention would ensure a fair democratic process without any biases in favour of one group. It should be dissolved after the outcome of the constituent assembly. We believe a minimum two-year period would be sufficient.


 * NATIONAL REFERENDUM**.

Subject to the outcome of the national convention, a national referendum if necessary, would have to be held to solicit views on a desirable constitutional dispensation- whether the independence constitution should be re-invoked and amended or a new one drafted.

However, from our viewpoint the issue of a national referendum becomes redundant in view of the King’s (Sobhuza II) solemn commitment on a new constitution drafted by the people of Swaziland for themselves, and the fact that the tinkhundla was not envisaged to be a substitution for a constitution.

//CONSTITUENT ASSEMBLY//
A constituent assembly is a body elected by all the people and its main responsibility will be to draw up a constitution for the democratic Swaziland.

It is our fervent belief that there can be no genuine political dispensation and constitutional dispensation founded in such a system (Tinkhundla). A new political and constitutional dispensation can only be arrived at, in a properly constituted constituent assembly, where there can be a genuine participation of the masses, ensuring that any future political dispensation will not be dominated by royalty or minority.

The position of our Movement is that a new constitution for the country needs to be drawn up and adopted by the people through a properly constituted constituent assembly. The electoral process of the constituent assembly will be defined at the national convention.

The reason why our Movement supports the idea of elected delegates to draw up a constitution is to ensure that the new constitution reflects the interests of the people, and that those responsible for drawing up the constitution must be elected by the people in free, and fair elections. Only such an elected constituent assembly can ensure that the process of drawing up a democratic constitution is itself democratic.


 * OUTCOME OF THE CONSTITUENT ASSEMBLY**.

Once a new constitution for the Kingdom of Swaziland has been adopted by the people of Swaziland will result in the following-

- Dissolution of the constituent assembly.

- Elections to be held for the constitution of a popular elected government based on the will of the people.

- Dissolution of the interim government.

- Repeal of all laws inconsistent with the constitution.

2.1 All civic groups including Political parties, youth, people with special disabilities, Workers Unions, and other motive forces, and “The family”, Church should be allowed to come together to map a way forward in a free and enabling environment. 2.2 Unconditional return of political exiles including the Chiefs in Amsterdam and other exiles in Australia, RSA, and the UK. 2.3 Impartial education on Constitutionalism to the people of Swaziland (67% rural, uneducated and intimidated by Chiefs)

We challenge the King and the government to tell us the flaws of this process as we have already done with their process. We also challenge the international community to critically look at our way forward and advise where they have misgivings about our long proposed process of democratization.


 * 3.0** **What will happen if the peoples’ demands are ignored and the illegitimate process proceeds as is?**


 * 3.1** The struggle continues until we have transferred the power from the family, which has subjected our people to oppression and poverty for 254 years (1750 – 2005), to the people. These powers will be enshrined and protected by the Constitution.
 * 4.0** **What do our people want from any genuine constitutional dispensation;**

They want a process that is driven by them, that cannot be reversed, and that can guarantee amongst others;


 * 1.** **Unconditional Right to land.**

q Land for our people is central to our struggle. Land should no longer be a property of the Royal Family with chiefs administering it on the family’s behalf. If we allow this to happen, we would have betrayed the people of Macetjeni and KaMkhweli, Mkhwakhweni and many of our people who have been evicted because of their political or religious beliefs. We remember and salute the members of the Jehovah’s Witness who have been victimised for their belief over the years. We pray to their God to be with them and ensure that the constitution does guarantee their rights as HIS creation.


 * 2.** **Right to Education**

q Our people must have an unconditional right to free Primary education. This has been a preserve for the Royal family, which has been sending its children, even those who never deserved, to overseas countries at a huge cost to the taxpayer.

HIV/AIDS has made it impossible for the majority of our people to go to school, and the time is now to guarantee the right to education in the constitution.


 * 3.** **Right to Primary health care and HIV/AIDS drugs.**

q Our people are dying of HIV/AIDS and the royal family is using our taxpayer to get treatment in a state of the art hospital at Lobamba, and in other countries. The constitution should guarantee equal treatment for our people.


 * 4.** **Right for the elderly and the disabled to be taken care of through social grants schemes.**

q For many years our people have been made beggars by taking citizenship of neighbouring South Africa in search of social grants. We all know that this will not continue for long before the South Africans turn them back because they have their own pressing social responsibility. q The constitution must ensure that our people are afforded this right to live.


 * 5.** **Right to food security and shelter.**

q Whilst the royal family live in palaces and first world bungalows and driving top of the range BMW X5s with body guards and chauffeurs, whilst the royal family and its friends spend E100 million in 3 days under the guise of Smart Partnership, spend another E100 Million for the King’s celebration and the so-called independence in two days and yet another E50 Million in so-called national “selections”, it does not make sense for our people to have a constitution that does not guarantee their rights to food security and shelter. Too many of our people are dying of hunger and starvation in the world of plenty. q Swaziland shall never be allowed to be another Ethiopia when thousands died of starvation. The only way out is for us Swazis to guarantee these rights so that the issue will remain central to successive democratic governments q Dams building should be central in a democratic government to ensure our people have sufficient food. Reliance on yellow maize from donor agencies and countries should not be the priority as it is under Tinkhundla. Without starvation, we all know that Mshamndane (Disaster task force Chairman) will never be happy because his business will close shop.


 * 6.** **Right to organise and belong to political parties.**

q This is an unalienable right, which we have fought for with passion for many years now. We as a political party shall never be wished away. It is a complete waste of time to think Swaziland can effectively operate under Tinkhundla with the exclusion of political parties.

The constitution must guarantee the free existence and operation of political parties under a multiparty democracy.


 * 7. Executive powers to be vested in the people through the constitution.**

We are where we are because of the selfless sacrifice that the People of Swaziland under the leadership of PUDEMO made. This hard fact can never be taken away from our history as a nation, and we salute our comrades, both fallen and alive for their heroic struggle and selfless sacrifice for the people to be free from 254 years (1750 – 2005) of royal bondage.

Finally we call upon the freedom loving people of the world to support us morally, financially and otherwise for freedom of our people is near.

The struggle for the emancipation of the Swazi people continues.

Secretary General**
 * Ignatius Bonginkosi Dlamini