Court 'silences' Swazi parties

2005-03-24 20:34

Mbabane - Swaziland's banned political parties lost a court bid on Thursday to have their say in the kingdom's new constitution, when a judge ruled the groups were "non existent" under the law.

The People's United Democratic Movement (Pudemo) and the Ngwane National Liberatory Congress (NNLC) are seeking an end to the absolute rule of King Mswati III.

They asked the high court last year to order a constitutional commission to accept group submissions on the draft charter.

But judge Jacobus Annandale, who is also the country's chief justice, threw out the application, saying he was merely upholding "the laws of the land".

"Legally and technically (the Pudemo and NNLC) cannot be given recognition by the court because, in terms of the law, they are non-existent," he ruled.

Mswati has ruled Swaziland by decree since he ascended to the throne in 1986 at the age of 18.

The king has been criticised for the lavish lifestyle that he, his 11 wives and two teenage fiancées lead in the nation where about 65% of the 1.2 million inhabitants live below the poverty line.

Trade unions also excluded

Under international pressure, Mswati ordered a new constitution to be drafted nine years ago, but the proposed fundamental law leaves intact most of his powers and maintains a ban on the opposition.

Judge Annandale said in his ruling: "It remains the duty and function of the court to uphold and apply the laws of the land, and especially so when constitutional issues are decided."

The chief justice also rejected a bid by the Swaziland Federation of Trade Unions (SFTU) and the Swaziland Federation of Labour (SFL) to be allowed to take part in the constitutional draft process.

"Neither of these two bodies have shown their entitlement to either participate in the making or drafting of a new constitution, nor to impede parliament from debating the draft bill," he said.

- AFP