But, they do not seem to realise that there is no point in scouring through the constitution for a solution, because history tells us that King Mswati III will ignore the kingdom’s constitution when he wishes.
The
King, who rules Swaziland as sub-Saharan Africa’s last absolute monarch, has
ignored the constitution a number of times. Among these were when: i) he appointed
Barnabas Dlamini Prime Minister when he was not a member of the Swazi
Senate; ii) he appointed Michael Ramodibedi Chief Justice when he was not a Swazi
national and iii) in October 2012 when he refused to sack Dlamini as Prime
Minister after he lost a vote of
confidence
in the House of Assembly, although the King was constitutionally obliged to do
so.
The
constitution also puts the King above the law by stating he is immune from any
suit or legal process ‘in any cause in respect of all things done or omitted to
be done by him’. The constitution was further reinforced by an explicit
practice directive issued by the Chief Justice Ramodibedi on 16 June 2011 which stated that
immunity applied for any claims made indirectly against the King.
At
present in Swaziland, Ramodibedi, the King’s
appointee as Chief Justice, is suspended from office. A warrant was
issued for his arrest,
reportedly on 23 charges, including abuse of power.
Ramodibedi
refused to be arrested and has been holed up in his house in Mbabane, the Swazi
capital, for more than three weeks. The arrest warrant was later suspended and Ramodibedi himself was suspended from office pending an inquiry into his conduct by the Judicial
Service Commission (JSC).
Meanwhile
Judge Bheki Maphalala was appointed Acting Chief
Justice. Ramodibedi
has reportedly refused to be suspended and he will not recognise the legitimacy
of his replacement.
The Prime
Minister Dlamini has been accused of taking power into his own hands by
pressing for Ramodibedi’s arrest even though the constitution states that only
the JSC can remove a Chief Justice. This is even though the Chief
Justice is also the head of the JSC.
Prime
Minister Dlamini does not see it that way. He is on record from 2011 in stating
that the word of King Mswati is law. He did so after the King demanded that
Dlamini drop a court case he was bringing relating to a land scam involving
himself and several of his cabinet ministers.
Dlamini
reportedly said at the time, ‘His Majesty said the issue should
be put to rest. It means the matter has been concluded because the King’s word
is a command and the law.’
So,
before the present judicial crisis can end Swaziland must wait for King Mswati
to pronounce.
See also
See also
KING
PROVES CONSTITUTION IS WORTHLESS
KING
WON’T ACT ON NO-CONFIDENCE VOTE
http://swazimedia.blogspot.com/2012/10/king-wont-act-on-no-confidence-vote.html
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