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Mswati, a political criminal who placed himself above the Constitution to evade prosecution.

Tuesday, 18th January, 2022

It is absurd for Mswati and his loyalists to insist that the proposed political dialogue should be held at Sibaya as per the provisions of the Constitution that was manipulated by the King to evade accountability of public power.

Perhaps, let me first clarify that one of the basic functions of the law is to regulate human conduct while promoting public order, peace and stability. 

The law also regulates and promote accountability of power within the public administration.

Now, here is King Mswati, an absolute Monarch whose conduct is not regulated by any law, he has been violating the Constitution with impunity to promote and protect his political interests.

But in the process, the King who is not accountable to the rule of law, insists that the ordinary citizens who are demanding democratic reforms should follow a legal framework that was manipulated from the beginning.

It should be noted that the person who insisted that the citizens must follow the Constitution is above the very same document and as result, he has been violating it with impunity.

Under the current situation and or in the midst of a transitional process, a State of Emergency must be declared with the Constitution suspended on the grounds that it was manipulated to legitimize oppression and strengthen royal supremacy.

Thereafter, both parties should develop a legal framework that seeks to guide the transitional authority pending the drafting of a new democratic Constitution.

The mere fact that the Constitution protects Mswati from prosecution renders it a useless document because all the powers to govern this country are centered around him and he remains the main perpetrator of human rights violations in this country.

Furthermore, Mswati exercises his absolute powers through the three arms of government and State security agencies, therefore anyone who violated human rights acting on a royal order automatically becomes ‘immune’ to prosecution merely on the strength of a royal protection order.

As the situation stands, government is staggering to investigate and prosecute the security officers who killed civilians because those officers where allegedly acting on a royal command.

It is therefore important to note that the current Constitution is a legal document that was manipulated to legitimize oppression by placing a mere human being above the law. 

It is practically impossible for the government to respect the Bill of Rights in the Constitution when the Head of State is above the law, eSwatini is actually a lawless State, a word from Mswati’s mouth automatically becomes the law.

Indeed, a mere order from Mswati is enough for the police to arrest political activists while violating human rights in the process.

Captured and royal linked Judges are then expected to massage the law and deal with matters in a manner that will not upset Mswati.

In conclusion, it is important therefore, to emphasize that the Constitution should be suspended and a new legal framework must be formulated to guide the process of the dialogue.

Both players must be equal during the negotiations, no one should participate in the dialogue with a privilege of being above the law because that would render the whole process useless.

Mswati, by placing himself above the Constitution, knew that one day he might face serious crimes and he decided to manipulate the Supreme Law so he can hide behind it.

What was the significance of placing a person above the law and adding a clause in the Constitution that protects him from prosecution if he was not fearing arrest?.

A Head of State with integrity will never seek prosecution immunity and even go as far as manipulating a Constitution to protect himself, unless he fears that one day he will commit crimes.

Mswati, a political criminal who placed himself above the Constitution to evade prosecution.
King Mswati(pic: via NTV Kenya)