Interview with head of Constitutional Drafting Committee

Prince David Dlamini, older brother of King Mswati III, was recalled from a diplomatic post as Swaziland's envoy to Northern Europe in 2001 to head the Constitutional Drafting Committee (CDC). In his first press interview since completing the draft constitution, Prince David told IRIN he was gratified by the response the document had received thus far from local and international groups. QUESTION: Swaziland's political opposition is not boycotting this constitution. Rather, they are agreeing to accept it as the basis for future discussion. ANSWER: I am happy that people like the contents thus far. It is a good document. It was created for the people today, and for the future. There is more discussion to take place. I would urge everybody to bring us their suggestions. Q: The Swaziland Coalition of Concerned Civil Organisations, which most people take to be a pro-democracy group, says the "rule of law" crisis is still unresolved. That began when the prime minister overturned an appeal court ruling that said all laws decreed by King Mswati are invalid, because the king has no legal authority to rule by decree. The coalition wants to make group submissions to the CDC, but the decree creating the constitutional process forbids group submissions. The coalition is willing to accept the final product of the decree – the draft constitution - as a point of departure, but will only do so if the process is legitimised. That is, in their view, if the original decree, invalidated by the courts, is set aside as the appeal court ruled, and the CDC hears group submissions. The coalition seems willing to meet government halfway on this. What is government’s view? A: Unfortunately, I have not spoken with the coalition. Q: How do you think Swaziland's constitutional makeup, as defined in your draft document, compares with international standards in the age of democracy? In Swaziland, the king is still in charge of the kingdom. A: We would like the international community to understand that this is a Swazi constitution by, and for, Swazis. We wrote it, and we are proud of it. It will evolve, but this draft is a beginning. Q: What are the highlights of the document? A: Gender equality. That's revolutionary - it overturns so many years when women have not enjoyed full rights. But there is a lot of material new to Swazis. There is a Human Rights Commission. To address corruption in government, there is a Leadership Code of Conduct. Even traditional structures are being addressed. There is a Council of Chiefs. Chiefs will now gather to discuss local matters amongst themselves. Up to now, a chief worked independently. Now they will share information. It's an innovation. Q: Has provision been made for a Constitutional Court to adjudicate in constitutional matters? A: There is a Supreme Court. That court will rule on whether the constitution's provisions are being violated. Q: Who assisted with the drafting of this constitution? A: Many people. I'm happy we sought experts in many fields. There was a commitment from the Commonwealth to make this work. Women in Law in Southern Africa, they were helpful to us with gender issues. The Swaziland Law Society provided the expert legal opinions of its members. HUMARAS [the Human Rights Association of Swaziland] assisted on matters of human rights. We spoke to disabled people about their needs, so they would be mentioned in the constitution. The media was also supportive. They explained the process to the Swazi people, and certain editors were good about not publishing some things prematurely. Q: Critics of the constitution-making process thus far complain that you did not take group submissions from labour unions and others, but you did from organisations like HUMARAS and Women in Law. A: Those were not group submissions. They were expert opinions. When we did the chapter on the judiciary, we called upon the Swaziland Law Society. Q: As the executive in charge of the first home-grown Swazi constitution, how do you feel now that the task is completed? A: To a large extent, I am relieved. It has been a long two years, with many all-night sessions. There may be people who are dissatisfied [with the draft constitution]. But there are provisions for constitutional amendments, and we are now having a national dialogue about the draft constitution.

SWAZILAND: Special report on the draft constitution SWAZILAND: Good news for women SWAZILAND: Human rights and the draft constitution