Swaziland’s
Supreme Court has overturned a ruling that King Mswati III should pay rates for
properties in his name.
In 2014
the Swazi High Court had ruled that the King, who rules Swaziland as
sub-Saharan Africa’s last absolute monarch, should pay E571,174.90 (about
US$50,000) to the Municipal Council of Manzini.
Now, the
Supreme Court has ruled that the Swazi Constitution states that laws of the land do not
apply to the King and the Queen Mother.
The Sunday Observer, a
newspaper in Swaziland in effect owned by the King, reported the case started
in 2012 when the Municipal Council of Manzini took Tisuka TakaNgwane – a royal
institution that is a subsidiary of Tibiyo TakaNgwane (also a royal
institution) – to court demanding payment in rates arrears for a property
situated in a portion of Farm 189 situated in the Manzini District.
The High
Court had ruled that property owned by the King was not exempt from payment of
rates if it was held for his private financial profit.
The Supreme
Court ruled that in accordance with the kingdom’s Constitution, the King was
immune from paying rates on all property owned by him in any private capacity.
Section
10 of the Constitution states ‘The King and Ingwenyama [Queen
Mother] shall be immune from taxation in respect of his Civil List, all income
accruing to him and all property owned by him in any private capacity.’
Section
11 of the Constitution also says the King and Ingwenyama shall be immune from ‘(a)
a suit or legal process in any cause in respect of all things done or omitted
to be done by him, and (b) being summoned to appear as a witness in any civil
or criminal proceedings.’
In June 2015, the Nation, an independent monthly magazine in
Swaziland, reported that the Swazi people were paying more than ever for the
upkeep of the King, his 14 wives and vast Royal Family.
It reported that in 2015, ‘The overall [annual] budget
for King Mswati and the royal household took a significant increase of about 25
percent from E630 million [US$63 million] to E792 million. This reflects a
staggering E162 million increase and accounts for just about five percent of
the overall national budget. This has been the trend for some years.’
King Mswati lives a lavish lifestyle with 13
palaces, a private jet aircraft and fleets of Mercedes and BMW cars. Meanwhile
seven in ten of his 1.3 million subjects live in abject poverty with incomes of
less than US$2 a day.
See also
SWAZI KING’S BUDGET RISES BY 25pc
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