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The Imposed 1963 Constitution, the Maiden Legislative and Executive Councils, and the Select Constitutional Committee

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A Constitutional History of the Kingdom of Eswatini (Swaziland), 1960–1982

Part of the book series: African Histories and Modernities ((AHAM))

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Abstract

Chapter 4 explores how Britain was compelled to impose a constitution on Swaziland in 1963 owing to the collapse of the 1963 London Conference. The Constitution confined King Sobhuza II to cultural and traditional affairs, while excluding him from effective governance. This exclusion caused great concern for the monarchists and their White allies, who counted on the Swazi King to protect their investments and private property against Progressive onslaughts. The monarchists and Whites were as much against the Constitution as the Progressives, although for different reasons. The contestation of the 1963 Constitution did not stop Britain from proceeding with elections in June 1964. Sobhuza changed his mind and formed a political party—the Imbokodvo—despite hitherto having been opposed to such a move for its being ‘unSwazi’. His White allies formed the USA and, together, they entered into a coalition against the Progressives, and swept all the legislative seats in the elections. The overwhelming victory of the Imbokodvo/USA alliance made it possible for them to monopolize the Legislative Council and the Constitutional Committee. The elections enabled Sobhuza to find new faith in modern politics that he had so far perceived with suspicion.

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Notes

  1. 1.

    ‘Talks Begins with Smiles but End in Deadlock’, Times of Swaziland, February 15, 1963; Izwi Lama Swazi, ‘Constitutional Talks End’, Izwi Lama Swazi, February 23, 1963. Also see Stevens, ‘Swaziland Political Development’, 22.

  2. 2.

    ‘Todd on the Talk in United Kingdom: An Imposed Constitution Would Not Work’, Times of Swaziland, March 1, 1963.

  3. 3.

    Ibid.

  4. 4.

    H. Kuper, Sobhuza II, Ngwenyama and King of Swaziland: The Story of an Hereditary Ruler and His Country (New York: Africana Publishing, 1978), 233. Kuper was in a position to give a graphic account of what transpired in London because of her close relationship with King Sobhuza II for decades and because she was the Ngwenyama’s official biographer. She therefore had privileged information about the day-to-day activities of the Ngwenyama.

  5. 5.

    Ibid., 233–237.

  6. 6.

    Ibid.

  7. 7.

    Ibid., 233–234.

  8. 8.

    Dale William. ‘The Making and Remaking of Commonwealth Constitutions’, International & Comparative Law Quarterly, 42, 1 (1993), 67–68 (Emphasis mine).

  9. 9.

    M. Laschinger, ‘Roads to Independence: The Case of Swaziland’, The World Today, 21, 11 (1965), 487.

  10. 10.

    R. P. Stevens, Lesotho, Botswana and Swaziland: The Former High Commission Territories in Southern Africa (London: Pall Mall P, 1967).

  11. 11.

    SNA: Swaziland Government Gazette Extraordinary, Vol. III, Mbabane, Thursday January 2, 1964; No. 15; ‘New Swaziland Constitution Comes into Force Today: Order in Council Published’, Times of Swaziland, January 3, 1964.

  12. 12.

    SNA: Swaziland Government Gazette Extraordinary, Vol. III, Mbabane, Thursday January 2, 1964; No. 15; ‘New Swaziland Constitution Comes into Force Today: Order in Council Published’, Times of Swaziland, January 3, 1964.

  13. 13.

    SNA: Swaziland Government Gazette Extraordinary, Vol. III, Mbabane, Thursday January 2, 1964; No. 15 ‘New Swaziland Constitution Comes into Force Today: Order in Council Published’, Times of Swaziland, January 3, 1964.

  14. 14.

    ‘Swaziland Constitution Announced’, Izwi Lama Swazi, June 8, 1963, 3; ‘Swaziland Constitution Announced, 8 Seats Reserved for Whites Out of 24 Elected Members’, Times of Swaziland, May 31, 1963.

  15. 15.

    Ibid.

  16. 16.

    SNA: Swaziland Government Extraordinary Gazette, January 2, 1964; ‘Constitution Now in Operation’, Times of Swaziland, January 3, 1964.

  17. 17.

    R. E. Robison, Andrew Cohen and the Transfer of Power in Tropical Africa 1940–1951 (Fondation nationale des sciences politiques, 1976).

  18. 18.

    For more on the conflict between the British monarchy and parliament in the seventeenth century see D. C. North and B. R. Weingast, ‘Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England’, The Journal of Economic History, 49, 4 (1989), 803–832; C. J. Davis, ‘Blair Worden, Roundhead Reputations: The English Civil War and the Passions of Posterity’, Parliamentary History, 21, 3 (2002), 397–398; and C. Hill, ‘Parliament and People in Seventeenth-Century England’, Past and Present, 92, (1981), 100–124.

  19. 19.

    The sovereignty of the people or popular sovereignty is the principle that the authority of the state and its government is created and sustained by the consent of the people through their elected representatives who are the source of all political power. Power should therefore emanate from the people through their elective representatives. The idea of popular sovereignty is also closely associated with the political philosophies of Thomas Hobbes, john Locke and Jean-Jacque Rousseau (see S. Lee, ‘A Puzzle of Sovereignty’, 29–51, In N. Walker (ed.), Relocating Sovereignty [London: Routledge, 2018]; H. Lindahl, ‘Sovereignty and Symbolization’, Rechtstheorie, 28, 3 [1997], 347–371; and E. A. ‘Or to the People: Popular Sovereignty and the Power to Choose a Government’, Cardozo Law Review, 39, 6 [2018]).

  20. 20.

    Historical Paper Research Archives, Collection Number AD 1715, News from Swaziland, July 15, 1963. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1715/AD1715-29-3-4-001-jpeg.pdf. Accessed January 22, 2015.

  21. 21.

    ‘Ngwenyama’s Petition to the Commons: Wants Changes Made in the Constitution’, Izwi Lama Swazi, November 30, 1963.

  22. 22.

    Historical Paper Research Archives, Collection Number AD 1715, News from Swaziland. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1715/AD1715-29-3-4-001-jpeg.pdf. Accessed January 25, 2015.

  23. 23.

    Historical Paper Research Archives, Collection Number AD 1715, News from Swaziland. http://www.historicalpapers.wits.ac.za/inventories/inv_pdfo/AD1715/AD1715-29-3-4-001-jpeg.pdf. Accessed January 25, 2015.

  24. 24.

    Ibid.

  25. 25.

    Ibid.

  26. 26.

    The 70% statistics for the illiteracy rate in Swaziland was just an estimate and was probably higher. This estimate is contained in the petition written by the President of the Swaziland student Union (SSU) to the British Secretary of State in 1967 of the illiteracy rate in Swaziland (see, ‘Student Leader Attacks Constitution’, Times of Swaziland, May 12, 1967).

  27. 27.

    Matsebula, A History of Swaziland, 240.

  28. 28.

    Interview with Prince Masitsela, Emafini, January 25, 2015.

  29. 29.

    ‘SNC Petitions the Queen: Cable Sent to Sandy’, Times of Swaziland, September 6, 1963.

  30. 30.

    ‘Make the Constitution Work: Urges Fletcher’, Times of Swaziland, September 13, 1963.

  31. 31.

    Levin 1997, 72; Macmillan 1985, 659.

  32. 32.

    ‘Todd on the Talk in United Kingdom: An Imposed Constitution Would Not Work’, Times of Swaziland, March 1, 1963.

  33. 33.

    Roy Welensky was the Prime Minister of the federation of Rhodesia and Nyasaland from 1956–1963. He distinguished himself as a hard-fighting and stubborn politician who stood for White supremacy and resisted attempts by the black majority to achieve an inclusive democratic system of government (see A. S. Mlambo, A History of Zimbabwe [New York: Cambridge University Press, 2014, xxxii]).

  34. 34.

    ‘Todd Doomed to Same Eclipse as Welensky’, Times of Swaziland, July 12, 1963.

  35. 35.

    ‘Todd: White Paper Turned Down by SNC: A New approach Suggested’, Times of Swaziland, August 30, 1963.

  36. 36.

    SNA: ‘Letter from Carl Todd to Swazilander’, Minutes of the Forth Reconstituted European Advisory Council Held October 15 and 16, 1963.

  37. 37.

    Ibid.

  38. 38.

    Interview with Prince MfanasibiliDlamini, at Coates Valley, Manzini, March 7, 2014.

  39. 39.

    ‘Make Constitution Work Urges Fletcher’, Times of Swaziland, September 13, 1963.

  40. 40.

    ‘Reactions to the Constitution: Whites Say Let’s Do Our Best to Make it Work’, Times of Swaziland, June 7, 1963.

  41. 41.

    ‘The Ngwane National Congress Rejects the Constitution’, Izwi Lama Swazi, October 5, 1963.

  42. 42.

    ‘The Constitution: A Fresh Start Even Now’, Times of Swaziland, September 6, 1963.

  43. 43.

    ‘Reactions to the Constitution’, Times of Swaziland, June 7, 1963.

  44. 44.

    Macmillan, ‘Swaziland: Decolonisation and the Triumph of Tradition’, 661.

  45. 45.

    Stevens, ‘Swaziland Political Development’, 334.

  46. 46.

    P. H. Bischoff, ‘Why Swaziland Is Different: An Explanation of the Kingdom’s Position in Southern Africa’, The Journal of Modern African Studies, 26, 3 (1988), 459.

  47. 47.

    Zwane, ‘The Struggle for Power in Swaziland’, 4–6.

  48. 48.

    Ibid.

  49. 49.

    Ibid.

  50. 50.

    ‘People Impressed by Verwoerd’s Offer Says Todd’, Times of Swaziland, October 25, 1963.

  51. 51.

    Ibid.

  52. 52.

    Ibid.

  53. 53.

    ‘NNLC’s Reaction to Dr V’s Offer’, Times of Swaziland, December 13, 1963.

  54. 54.

    The political manifesto of the radical opposition parties published in the Times of Swaziland before the June 1964 elections was clear on a single electoral roll for all, and rapid Africanisation among other issues (see ‘N.N.L.C. Chooses Candidates; Manifesto’, Times of Swaziland, May 15, 1964).

  55. 55.

    I. Raitt, ‘Operation “Green Belt” in Swaziland’, Royal United Services Institution. Journal, 109, 633 (1964), 40–44; A. R. Booth, Swaziland: Tradition and Change in a Southern African Kingdom (Boulder, CO: Westview Press, 1983); R. Levin, When the Sleeping Grass Awakens: Land and Power in Swaziland (Johannesburg: Witwatersrand University Press, 1997); and Hlandze, ‘The Evolution of Worker’s Consciousness in Swaziland’.

  56. 56.

    R. Levin, When the Sleeping Grass Awakens: Land and Power in Swaziland (Johannesburg: Witwatersrand University Press, 2001), 65.

  57. 57.

    A traditional method of using senior advisors to monitor the performance of group workers in a work place.

  58. 58.

    Macmillan, ‘Swaziland: Decolonisation and Triumph of Tradition’, 661.

  59. 59.

    For details on labour consciousness in Swaziland and the 1963 strike see S. Hlandze, ‘The Evolution of Workers’ Consciousness in Swaziland: The Case of Usuthu Pulp Company, 1948–1963’, MA thesis, University of Swaziland, 2013. Also see Levin, When the Sleeping Grass Awakens: Land and Power in Swaziland, 66.

  60. 60.

    Ibid.

  61. 61.

    Ibid.

  62. 62.

    Macmillan ‘Swaziland: Decolonisation and Triumph of Tradition’, 661; Hlandze, ‘The Evolution of Worker’s Consciousness in Swaziland’.

  63. 63.

    Potholm, ‘Changing Political Configuration in Swaziland’, 317.

  64. 64.

    Ibid.

  65. 65.

    Ibid., 69.

  66. 66.

    See Robinson, ‘Andrew Cohen and the Transfer of Power in Tropical Africa 1940–1951’.

  67. 67.

    ‘Marwick, A Farewell Message’, Times of Swaziland, April 24, 1964.

  68. 68.

    Ibid.

  69. 69.

    The CDC, a private liability company, was a Development Financial Corporation owned by the UK government. The Department for International Development was responsible for the CDC and the shareholders duties were managed by the Shareholder Executive Committee (see M. Cowen, ‘Early Years of the Colonial Development Corporation: British State Enterprise Overseas During Late Colonialism’, African Affairs [1984], 63–75).

  70. 70.

    http://hansard.millbanksystems.com/commons/1968/jul/05/swaziland-independence-bill. HANSARD 1803–2005 → 1960s → 1968 → July 1968 →5 July 1968 → Commons Sitting → ORDERS OF THE DAY,SWAZILAND INDEPENDENCE BILL, HC Deb July 5, 1968, Vol. 767 cc1875-9031875. Accessed June 27, 2015.

  71. 71.

    Macmillan, ‘Swaziland: Decolonisation and Triumph of Tradition’, 661.

  72. 72.

    There is this apparent contradiction between South Africa’s pro-Sobhuza policy and the Swazi monarchy’s apparent toleration of the activities of South African liberation movements on its territory during the apartheid period. The Swazi monarchy was never a member of the front line states in Southern Africa and went as far as signing a secret non-aggression pact with South Africa in 1982 under which Swazi officials harassed African National Congress representatives in the capital, Mbabane, and eventually expelled them from Swaziland. South African security forces, operating undercover, also carried out operations against the ANC on Swazi territory (see B. Nyeko, ‘Swaziland and South Africa Since 1994: Reflections on Aspects of Post-Liberation Swazi Historiography’, From National Liberation to Democratic Renaissance in Southern Africa [2005]; P. H. Bischoff, ‘Why Swaziland Is Different: An Explanation of the Kingdom’s Political Position in Southern Africa’, 457–471). Swaziland allowed the ANC to operate on its territory because it did not have an army of its own to stop them. In order to quell a labour unrest in 1962, the British had to import troops from Kenya. When one takes into consideration the fact that the Swazi ethnic group stretches into South Africa and there was no hardened line of demarcation between the two territories, it would be easy to understand why the control of the movement of South African guerrilla fighters was largely intractable. After Swazi independence, the building of a professional army was a slow and sluggish process meaning that the Swazi monarchy lacked the capacity to control the activities of the ANC and other rebel movements on its territories without direct South African involvement. The free operation of South African liberation forces on Swazi territory does not mean that Swaziland was officially pro-ANC.

  73. 73.

    Potholm, ‘Changing Political Configurations in Swaziland’, 17.

  74. 74.

    J. Daniel and J. Vilane, ‘Swaziland: Political Crisis, Regional Dilemma’, Review of African Political Economy, 13, 35 (1986), 56.

  75. 75.

    Macmillan, ‘Swaziland: Decolonisation and the Triumph of Tradition’, 662.

  76. 76.

    C. P. Potholm, ‘Changing Political Configuration in Swaziland’, The Journal of African Studies, 4, 3 (1966), 314–315.

  77. 77.

    Ibid., 315.

  78. 78.

    Ibid.

  79. 79.

    J. Daniel and J. Vilane, ‘Swaziland: Political Crisis, Regional Dilemma’, 56.

  80. 80.

    Ibid.

  81. 81.

    Macmillan, ‘Swaziland: Decolonisation and Triumph of Tradition’, 661.

  82. 82.

    Ibid.

  83. 83.

    ‘Ngwenyama and Swazi Council Enter Politics’, Times of Swaziland, April 24, 1964.

  84. 84.

    ‘Strong Criticism of Country’s Political Direction: Sir Brian Hits Out Sharply in Last Big Speech’, Times of Swaziland, April 24, 1964.

  85. 85.

    Ibid.

  86. 86.

    ’Strong Criticism of Country’s Political Direction: Sir Brian Hits Out Sharply in Last Big Speech’, Times of Swaziland, April 24, 1964.

  87. 87.

    ‘Sir Brian to the King: This Is the Advice I give to You. Preserve Your Office’, Times of Swaziland, April 24, 1964.

  88. 88.

    ‘Imbokodo Reply to Sir Brian’, Times of Swaziland, May 8, 1964.

  89. 89.

    ‘National Council to Reply to Sir Brian Next Week. The King’s Speech to Sir Brian Marwick’, Times of Swaziland, May 1, 1964; ‘In Africa Kings Are Leaders as Well as Kings: Imbokodo Reveals Itself, Attacks Sir Brian Marwick’, Times of Swaziland, May 8, 1964.

  90. 90.

    ‘Zwane Objects to Council in Politics’, Times of Swaziland, April 24, 1964.

  91. 91.

    Ibid.

  92. 92.

    Matsebula, A History of Swaziland, 241.

  93. 93.

    Macmillan 1989, 306; Potholm 1966, 316.

  94. 94.

    Potholm, ‘Changing Political Configuration in Swaziland’, 316.

  95. 95.

    Macmillan, ‘Swaziland: Decolonisation and the Triumph of Tradition’, 662.

  96. 96.

    Ibid.

  97. 97.

    Macmillan, ‘Swaziland: Decolonisation and the Triumph of “Tradition”’, 661.

  98. 98.

    M. Dlamini, The Philosophy, Policies and Objectives of the Imbokodvo National Movement (Swaziland Printing and Publishing Company, 1972).

  99. 99.

    Ibid.

  100. 100.

    C. P. Potholm, ‘Swaziland in Transition to Independence’, Africa Report, 12, 6 (1967), 49; C. P. Potholm, ‘Changing Political Configurations in Swaziland’, The Journal of Modern African Studies, 4, 3 (1966), 313–322.

  101. 101.

    R. Levin, When the Sleeping Grass Awakens: Land and Power in Swaziland (Johannesburg: Witwatersrand University Press, 1997), 72, 73.

  102. 102.

    Ibid. Also see Kuper, Sobhuza II: Ngwenyama and King of Swaziland, 253; L. Rubin and R. P. Stevens. ‘Swaziland: A Constitution Imposed’, Africa Report, 9, 4 (1964), 9.

  103. 103.

    Ibid.

  104. 104.

    ‘USA Takes All Four Seats on European Roll’, Times of Swaziland, June 19, 1964.

  105. 105.

    Ibid. Also see Kuper, Sobhuza II: Ngwenyama and King of Swaziland, 253; L. Rubin and R. P. Stevens. ‘Swaziland: A Constitution Imposed’, Africa Report, 9, 4 (1964), 9.

  106. 106.

    Ibid.

  107. 107.

    Ibid.

  108. 108.

    ‘Clean Sweep for Sobhuza: All Elected Seats Go to Traditionalists’, Times of Swaziland, July 3, 1964.

  109. 109.

    Ibid.

  110. 110.

    ‘Sandys Replies to Political Parties: Test for Alleged Electoral Offences Lies in Courts’, Times of Swaziland, July 10, 1964.

  111. 111.

    C. P. Potholm, ‘Changing Political Configurations in Swaziland’, The Journal of Modern African Studies, 4, 3 (1966), 313–322.

  112. 112.

    ‘Democratic Party Joins the Imbokodvo’, Times of Swaziland, April 23, 1965.

  113. 113.

    Potholm, ‘Changing Political Configurations in Swaziland’; H. Macmillan, ‘Swaziland: Decolonisation and the Triumph of “Tradition”’, The Journal of Modern African Studies, 23, 4 (1985).

  114. 114.

    Compiled from SNA: Swaziland Legislative Council Official Report (Hansard), First Session, Sittings from November 9 and 14, 1964.

  115. 115.

    SNA: Swaziland Legislative Council Official Report (Hansard), First Session, Sittings from November 9 and 14, 1964.

  116. 116.

    Ibid.

  117. 117.

    ‘Comments’, Times of Swaziland, July 19, 1964.

  118. 118.

    Ibid.

  119. 119.

    In siSwati ndvunankhulu means Prime Minister. King Sobhuza referred to Prince Makhosini as Ndvunankhulu. But Prince Makhosini was the leader of the majority party in parliament and not Prime Minister because there was no provision for that position in the 1963 constitution.

  120. 120.

    Sobhuza’s attitude towards independence is captured properly by his biographer, Kuper, who remarks that he was not opposed to independence but he was reluctant to push too hard on that because everything had its appropriate moment (see Kuper, Sobhuza II: The Ngwenyama and King of Swaziland).

  121. 121.

    Attitude of Sobhuza captured by Kuper, Sobhuza II: The Ngwenyama and King of Swaziland.

  122. 122.

    This confidential letter in which Sobhuza was expected to safeguard White interests in Swaziland was stolen by the opposition NNLC from national files and published in the times of Swaziland of November 1966 to discredit Sobhuza as a puppet of the White minority. Kuper states that King Sobhuza did not reply Todd’s letter and did not therefore commit himself (see Kuper, Sobhuza II: The Ngwenyama and King of Swaziland, 265).

  123. 123.

    ‘Proposals for Constitution Sent to London’, Times of Swaziland, March 11, 1966.

  124. 124.

    In British Colonial Africa the British members of the colonial administration were technically referred to as “officials’. African members who were progressively incorporated in the executive and legislative structures of colonial Africa were technically referred to as unofficial members (see K. Ezera, Constitutional Developments in Nigeria [London: Cambridge University Press, 1964]; B. O. Nwabueze, A Constitutional History of Nigeria [London: C. Hurst and Company, 1982]). The files from Swaziland National Archives have also consistently referred to British officials in the colonial administration as “official” members and the non-British officials as unofficial members.

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  1. University of the Free State, Bloemfontein, South Africa

    Hlengiwe Portia Dlamini

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Dlamini, H.P. (2019). The Imposed 1963 Constitution, the Maiden Legislative and Executive Councils, and the Select Constitutional Committee. In: A Constitutional History of the Kingdom of Eswatini (Swaziland), 1960–1982. African Histories and Modernities. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-24777-5_4

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