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The 1967 Constitution, Internal Self-Government, and the 1968 Independence Constitution

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A Constitutional History of the Kingdom of Eswatini (Swaziland), 1960–1982

Part of the book series: African Histories and Modernities ((AHAM))

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Abstract

This chapter treats the deliberations of the Constitutional Review Committee, which was selected from Swaziland’s maiden Legislative Council on which the Progressives had no seats. The monarchists operating under the canopy of the Imbokodvo party distinguished themselves as political turncoats in the aftermath of the June 1964 elections. To the utter chagrin of their White USA allies, the monarchists adopted the populist stance of the Progressives: equality for all races without any favouritism for Whites, and independence for Swaziland. The only common ground of agreement between Imbokodvo and the USA was the inclusion and recognition of the Swazi monarchy in the Constitution as a stabilizing force. The two allies disagreed acrimoniously over the inclusion of racial parity in the Legislature, the special political privileges for Whites in the Constitution, the scope of monarchical power, and independence for Swaziland. Nonetheless, the deliberations culminated in the 1967 Constitution, which paved the way for elections that Imbokodvo overwhelmingly won, subsequently forming the maiden internal government under Prime Minister Makhosini Dlamini. Despite disagreements over the powers of the Ngwenyama in the Constitution, Britain bequeathed to Swaziland a constitutional monarchy in which the Cabinet was supreme.

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Notes

  1. 1.

    SNA: Legislative Council Official Report, Hansard, 1965–1966.

  2. 2.

    SNA: Swaziland Government. Report of Swaziland Constitutional Committee, 1966.

  3. 3.

    SNA: Swaziland Government. Report of Swaziland Constitutional Committee, 1966.

  4. 4.

    “Independence” should not be taken out of context and in the literally sense of the word. The British did not want the Boers to annex Swaziland for strategic reasons because they were seeking an outlet to the Indian Ocean through the territory. Paul Kruger, President of the South African Republic (or Transvaal) from 1883 to 1900, claimed that he was the rightful “King of the Swazis” and he was planning to construct a railway from Pretoria, the capital of South Africa to the Indian Ocean. The declaration of independence of Swaziland was simply a British obstructionist policy to contain Boer imperial ambitions. Independence should be seen in the light of European scramble for Africa (I. L. Griffiths, ‘The Quest for Independent Access to the Sea in Southern Africa’, Geographical Journal [1989], 378–391).

  5. 5.

    On 25 July 1903 Britain issued the Swaziland Order-in-Council under the British Jurisdiction Act under which the administration of the territory was formally taken over as a Protectorate. The Order-In Council was a legal instrument which established the relationship between Swaziland and the UK in 1903, and provided the basic authority under which British administration was conducted during the colonial period. The Order placed Swaziland directly under British Colonial Administrators, who were vested with executive power and governed Swaziland on behalf of the British crown. The British colonial government was empowered to rule Swaziland by proclamations, which were issued periodically as need arose (J. S. M. Matsebula, A History of Swaziland, 3rd edition [Cape Town: Maskew Miller Longman, 1988], 179).

  6. 6.

    SNA: Legislative Council Debates, 1966, 166–167.

  7. 7.

    The ‘independence’ of Swaziland was guaranteed by the British and Transvaal governments in 1881 and 1884. In 1890, a provisional government was established, representing the Swazi, the British, and the Transvaal authorities to manage the excessive activities of European entrepreneurs. From 1894 to 1899, the Transvaal government undertook the protection and administration of Swaziland. The South African (Boer) War 1899–1902 saw the defeat of the Boers and the British imposition of their rule on Swaziland (P. Bonner, Kings, Commoners and Concessionaires: The Evolution and Dissolution of the Nineteenth-Century Swazi State, Vol. 31 [London: Cambridge University Press, 2002]).

  8. 8.

    SNA: Legislative Council Debates, 1966, 166–167.

  9. 9.

    Ibid.

  10. 10.

    ‘The Proposal for New Constitution’, Times of Swaziland, March 25, 1966.

  11. 11.

    Ibid., 162.

  12. 12.

    SNA: Legislative Council Official Report, Hansard, 1965–1966, 175–177.

  13. 13.

    See: SNA: Legislative Council Official Report, Hansard, 1965–1966.

  14. 14.

    The use of the word ‘dissentients’ in the Legislative Council report and even the Times of Swaziland, refers to the minority with dissenting opinions. The Legislative Council document read: “I realize, Mr Speaker, that these dissentients are in the minority and have no following.” See SNA: Legislative Council Debates, 1966, 163.

  15. 15.

    SNA: Legislative Council Official Report, Hansard, 1965–1966.

  16. 16.

    SNA: Legislative Council Debates, Official Report, Hansard, 1965–1966, 162–163.

  17. 17.

    Ibid.

  18. 18.

    SNA: Legislative Council Official Report, Hansard, 1965–1966, 171.

  19. 19.

    SNA: Legislative Council Debates, Official Report, Hansard, 172–173.

  20. 20.

    Ibid., 178.

  21. 21.

    Ibid., 179.

  22. 22.

    Ibid., 180.

  23. 23.

    SNA: Legislative Council Official Report, Hansard, 1965–1966, 181–183.

  24. 24.

    Ibid., 185.

  25. 25.

    Ibid., 191.

  26. 26.

    Ibid.

  27. 27.

    Ibid., 193.

  28. 28.

    Ibid.

  29. 29.

    The use of the word ‘dissentients’ in the Legislative Council report and even the Times of Swaziland, refers to the minority with dissenting opinions. The Legislative Council document read: “I realize, Mr Speaker, that these dissentients are in the minority and have no following.” See SNA: Legislative Council Debates, 1966, 163.

  30. 30.

    Ibid., 198.

  31. 31.

    Ibid., 216.

  32. 32.

    SNA: Swaziland Constitutional Proposals, October 1966.

  33. 33.

    ‘NNLC Wants London Talks on Proposed Constitution’, Times of Swaziland, October 14, 1966.

  34. 34.

    ‘NNLC Wants London Talks on Proposed Constitution’, Times of Swaziland, October 14, 1966.

  35. 35.

    ‘Constitution Ready? Stonehouse Meets Political Leaders’, Times of Swaziland, October 14, 1966.

  36. 36.

    ‘Stonehouse on Powers of the King’, Times of Swaziland, October 10, 1966.

  37. 37.

    ‘Constitution Ready? Stonehouse Meets Political Leaders’, Times of Swaziland, October 14, 1966; Kuper, Sobhuza II: Ngwenyama and King of Swaziland, 271.

  38. 38.

    Ibid.

  39. 39.

    There are basically two systems in parliamentary elections: the Majority Election System which allows the winner to take all the seats and the Proportional Election System which assigns seats to political parties according to the proportion of votes they obtain in an election. Both have advantages and disadvantages (For details on these systems see E. S. Herron, R. J. Pekkanen, and M. S. Shugart, ‘Terminology and Basic Rules of Electoral Systems.’ In E. S. Herron, R. J. Pekkanen, and M. S. Shugart [eds.], The Oxford Handbook of Electoral Systems [Oxford: Oxford University Press, 2018], 1; J. M. Colomer, ‘Party System Effects on Electoral Systems.’ In E. S. Herron, R. J. Pekkanen, and M. S. Shugart [eds.], The Oxford Handbook of Electoral Systems [Oxford: Oxford University Press, 2018], 69).

  40. 40.

    ‘Student Leader Attacks Constitution’, Times of Swaziland, May 12, 1967.

  41. 41.

    ‘Student Leader Attacks Constitution’, Times of Swaziland, May 12, 1967.

  42. 42.

    Ibid.

  43. 43.

    ‘Student Leader Attacks Constitution’, Times of Swaziland, May 12, 1967.

  44. 44.

    ‘Clean Sweep at Elections: Imbokodvo gets all Seats’, Times of Swaziland, April 28, 1967.

  45. 45.

    http://hansard.millbanksystems.com/commons/1968/jul/05/swaziland-independence-bill. HANSARD 1803–2005, 1960s–1968, 5 July 1968, Commons Sitting, Orders of the Day, Swaziland Independence Bill, HC Deb 5 July 1968, Vol. 767 cc1875-9031875 (accessed 29 June 2015).

  46. 46.

    Ibid.

  47. 47.

    Ibid.

  48. 48.

    SNA: Swaziland House of Assembly. Official Report (Hansard), First Session. Sitting January 22, 1968.

  49. 49.

    Ibid., 3–4.

  50. 50.

    Ibid., 12.

  51. 51.

    Ibid.

  52. 52.

    Ibid., 13.

  53. 53.

    Ibid., 16–17.

  54. 54.

    Ibid., 24.

  55. 55.

    Ibid., 27.

  56. 56.

    Ibid., 28.

  57. 57.

    SNA: Official Report of the Debates of the Senate Fifth Meeting of the First Session, January 23, 1968, 6.

  58. 58.

    SNA: Official Report of the Debates of the Senate Fifth Meeting of the First Session, January 23, 1968, 9–10.

  59. 59.

    SNA: Official Report of the Debates of the Senate. Fifth Meeting of the First Session, January 23, 1968, 11.

  60. 60.

    Ibid.

  61. 61.

    See. Dr. Zwane and Deputy Under Arrest in London for Protesting Their Exclusion from Constitutional Conference in Swaziland’s Independence Constitution, Times of Swaziland, 1968.

  62. 62.

    ‘London Talks. NNLC Views Were Put to the Conference’, Times of Swaziland, March 1, 1968.

  63. 63.

    Ibid.

  64. 64.

    ‘Independence Talks Continue in London’, Times of Swaziland, February 23, 1968.

  65. 65.

    http://hansard.millbanksystems.com/commons/1968/jul/05/swaziland-independence-bill. HANSARD 1803–2005, 1960s–1968, 5 July 1968, Commons Sitting, Orders of the Day, Swaziland Independence Bill, HC Deb 5 July 1968, Vol. 767 cc1875-9031875 (accessed 29 June 2015).

  66. 66.

    Ibid.

  67. 67.

    SNA: The constitution of Swaziland Statutory Instruments 1968, No. 1377, Africa, The Swaziland Independence Order, 1968, Made 25 August 1968, Laid Before Parliament 30 August 1968; Coming into Operation: Immediately Before 6 September 1968.

References

Archival Sources

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  1. University of the Free State, Bloemfontein, South Africa

    Hlengiwe Portia Dlamini

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Dlamini, H.P. (2019). The 1967 Constitution, Internal Self-Government, and the 1968 Independence Constitution. In: A Constitutional History of the Kingdom of Eswatini (Swaziland), 1960–1982. African Histories and Modernities. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-24777-5_5

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