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Engagement could end monarchy challenge

[Swaziland] King Mswati III. IRIN
Swaziland's King Mswati III
The weekend engagement of King Mswati III to Zena Mahlangu is likely to end a landmark case which challenged the authority of the monarchy over the tiny mountain kingdom, news reports suggested on Monday. Under Swazi tradition, the engagement on Sunday effectively made 18-year-old Mahlangu the king's 10th wife. The palace, infuriated by a court case challenging Mswati's right to choose his brides, last week sent the country's security chief, police commissioner, attorney-general and army commander to tell the three judges hearing the case to dismiss it or resign. The lawsuit brought by Lindiwe Dlamini sought the return of her daughter, who was allegedly abducted from school last month to become Mswati's 10th wife. Last week Attorney-General Phesheya Dlamini, who has been arguing the palace's case in court, met with the three judges. "In the event you elect to proceed with the case, you are expected to tender your resignation immediately upon passing your decision on the matter. In case your resignation letters are not received as stipulated, the office of the Attorney-General is under strict instructions to submit the relevant instruments for your removal from office," Dlamini said in a letter. Last week, Chief Justice Stanley Sapire, along with two other judges, issued an order for the girl to be brought to court in order that her views may be heard. The Swaziland Law Society has reacted strongly to the government's show of force. "The threatening of the judges by the security forces in their chambers and ordering that they abandon the case or resign blatantly undermines the independence of the judiciary and directly interferes with the smooth administration of justice and the rule of law, which is the cornerstone of every civilised society," said law society president Paul Shilubane. However, a Manzini-based attorney who wished to remain anonymous told IRIN: "The judiciary in Swaziland was only independent as long as it pleased the authorities. Ever since the Swazi monarch was given supreme powers in 1978, there has been a history of court orders ignored and intimidation of court officers." Meanwhile, the palace is livid that the king's method of choosing wives - at the annual reed dance - should be challenged. "Who is this woman to do this?" asked senior prince Masitsela Dlamini. The attorney-general has offered to pay the mother's legal bills if she dropped the case. However, she has received the support of gender rights groups in a country where women are still regarded as legal minors. The local chapter of Women in Law for Southern Africa have attended the hearings wearing black mourning outfits. Legal observers said the overt threatening of judges was unnecessary, and would only generate bad publicity for sub-Saharan Africa's only unelected government. "Once a girl is officially designated a king's fiancé by the Queen Mother, it becomes a fait accompli, and the court case becomes moot," said an attorney. Under the circumstances, say legal observers, the mother's efforts to regain custody of her daughter via statutory law would be superseded by the prerogatives of traditional law. Mswati emphasised when he ordered a new national constitution that traditional law be given equal weight in the way his kingdom was governed. At his first public appearance with his new fiancé, on Friday in the country's commercial capital Manzini, the king stressed that commoners with grievances against royalty should use traditional structures. "Women should raise issues the right way," said Mswati, alluding to the lawsuit against his aides initiated by his prospective mother-in-law. The aides were targeted in the suit because a Swazi monarch may not be named in a civil or criminal action in Swaziland. As for Zena Mahlangu, her fate seems sealed. At her debut, she exchanged her schoolgirl's uniform for traditional attire, and stood beside four of Mswati's current nine wives. A palace aide told the press: "She has been allocated her own Mercedes-Benz, which she will use until delivery of her own brand new X5 BMW." Another teenage girl who was taken from her schoolyard the same week as Mahlangu awaits a different life. The Times of Swaziland reported that Mswati changed his mind about her. She has been given to one of Mswati's palace counsellors, 60 year-old Chief Maja II.

This article was produced by IRIN News while it was part of the United Nations Office for the Coordination of Humanitarian Affairs. Please send queries on copyright or liability to the UN. For more information: https://shop.un.org/rights-permissions

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