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Constitutional Evolution of Eswatini: A Journey of Sovereignty, Tradition, and Democratic Values

By Pholile Shakantu


The history of Eswatini extends far beyond the era when European colonizers first encountered Emaswati, delineated boundaries in Africa and assigned names to countries.

Initially christened Swaziland, signifying “Mswati’s land” or the homeland of Emaswati during the reign of King Mswati II, Eswatini has been graced with remarkable Kings and Regents who ardently safeguarded the territory, its inhabitants, and the cherished traditions and culture of the nation.

People of European descent started coming to Eswatini in the 1830s. The initial interaction between white settlers (mostly British and Boer) and emaSwati was characterized by an accommodation under customary law, with the settlers being viewed as ordinary visitors seeking grazing concessions.

The territory of Eswatini was much larger than it is today. Most of the land was lost in 1880 as a result of the Alleyne Commission. A three-man Royal Commission was appointed early in 1880 by Sir Garnet Wolseley to decide on the boundaries between Eswatini territory and the Transvaal.

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A large portion of Eswatini territory was lost as a result of their report, including areas around Komatipoort, Carolina, and Barberton, and the whole Mbhuleni valley.

The discovery of gold in 1882 further complicated the relationship, attracting a wave of fortune seekers to the kingdom, and altering the dynamics between the two groups.

The influx of outsiders marked a significant shift in the political landscape of Eswatini as Western powers began partitioning Africa, eventually leading to the kingdom falling under the administration of Britain in 1903.

Throughout this period, the Kings and Regents of Eswatini fiercely contested for the restoration of sovereignty, culminating in the attainment of self-rule in 1967 under the leadership of King Sobhuza II.

Despite gaining independence in 1968, Eswatini found itself governed by an imposed Westminster constitution, which did not fully resonate with the traditional values and customs of emaSwati.

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The pivotal moment in Eswatini’s constitutional journey unfolded on April 12, 1973, when both houses of Parliament united in a historic resolution to revoke the imposed constitution. This resolution, presented to the King for endorsement, marked the onset of a transformative process guided by extensive grassroots consultations nationwide.

At the heart of this constitutional reform was the King’s vision to craft a governing framework that not only preserved but also revered the customs and way of life of the emaSwati, giving due recognition to their time-honoured governance structures and traditions ingrained in the nation’s history.

A Royal Constitutional Commission was appointed to conduct nationwide consultations and they developed a new constitution which restored traditional leadership to its rightful place in the formal political structure of the country.

The constitution of Eswatini honours and institutionalizes the customary aspects of the nation’s governance. It acknowledges the significance of traditional institutions and structures such as Tikhulu (chiefs) and Tindvuna (governors).

This constitutional framework paved the way for a unique blend of traditional values and modern democratic principles in Eswatini’s governance structure.

A key feature of Eswatini’s democratic model is the Tinkhundla system, a constituency-based approach to elections that prioritizes individual merit over political party affiliations.

Unlike traditional party-centric systems, the Tinkhundla system ensures that members of parliament are elected to represent a specific constituency, fostering direct accountability and representation for the electorate.

This system of direct representation underscores the commitment to democratic principles and responsiveness to the needs of the people of Eswatini.

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Eswatini’s constitutional evolution exemplifies a harmonious integration of tradition and democracy, forging a path that respects the nation’s heritage while embracing contemporary governance practices.

The constitutional recognition of customary law and governance structures, along with the establishment of the Tinkhundla system, reflects Eswatini’s commitment to inclusive governance and direct representation.

As Eswatini continues to navigate its constitutional journey, the nation stands as a testament to the enduring spirit of its people and their dedication to preserving their cultural identity in a modern democratic context.

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