Times Of Swaziland: NEW PARLIAMENT MUST HAVE HOUSE OF CHIEFS

NEW PARLIAMENT MUST HAVE HOUSE OF CHIEFS
================================================================================
Sabelo Gabs Nxumalo on 12/11/2024 08:10:00


THE Kingdom of Eswatini has a dual legal system, comprised of both a
Roman-Dutch-based common law system applied in common law or civil courts and a
traditional Eswatini law and custom-based system applied in Swazi National
Courts. It would naturally seem proper to have a dedicated House of Chiefs and
bantfwabenkhosi as the custodians of Swati laws and customs to deliberate on
these laws with the view of improving and bringing them in line with the modern
age.
The House of Assembly and the House of Senate deal with ever-changing laws daily
to accommodate new policies and changing times. This keeps Eswatini aligned with
international laws and treaties. The House of Chiefs would be crucial in
ensuring that our culture and tradition remain relevant locally and consistent
with international norms. As we embark on the new parliament building, let us
consider the inclusion of the House of Chiefs. Alternatively, the old parliament
building could be renovated to accommodate this house.
The Constitution and the Council of Chiefs
The Constitution of the Kingdom of Eswatini indicates in section 251 that there
shall be a Council of Chiefs. It goes on to elaborate on the composition of this
council and its functions:
*There shall be a Council of Chiefs composed of twelve Chiefs drawn from the
four regions of the Kingdom, appointed by the iNgwenyama on a rotational basis.
	*There shall be a Chairman of the Council appointed by the iNgwenyama and a
secretary whose office shall be a public office. 	*The Council of Chiefs shall
be responsible for, among other things: a. Advising the King on customary issues
and any matter relating to or affecting chieftaincy, including chieftaincy
disputes. b. Performing functions in accordance with section 115 (i.e. matters
of disputes by Swazi law and custom). c. Performing such other functions as this
Constitution, or any other law may assign. 	*The Council of Chiefs is the
foundation upon which the House of Chiefs and bantfwabenkhosi could be built.
The Sibaya Policy Conference could resolve to have maybe thirty members, say
twenty Chiefs and ten bantfwabenkhosi, to form this august body. They could
decide to maintain whatever rotation system they choose. What is important is
the evolution of our culture and traditions through proper codification, civic
education, and deliberate support by the state. Gone are the days when
traditions and culture are naturally passed on from one generation to another.
Our culture and traditions are competing with more aggressive cultures using
information technology and social media.
The succession disputes among chiefs must stop. We need to evolve to a point
where successors are well-known in advance and are properly trained in
leadership-related degrees by the state. Yes, culture dictates that they must
not be known, but we need to evolve to manage a dynamic new world. If they kill
him, lusendvo will install another, and the House of Chiefs will resolve all
disputes until the King appoints without any opposition.
Eswatini’s culture and traditions are dying
We must commend His Majesty the King for his efforts in preserving our culture
and traditions. Unfortunately, for some emaSwati, particularly the progressive
groups, the preservation of our culture and traditions is only about preserving
the Monarchy, which is wrong and unfortunate. They see our culture only in
relation to the Royal family. This leads them to conclude that to fight the
Monarchy, one must renounce their culture and traditions. In one of my writings,
I allude to what a great Chinese leader calls the fundamental struggle as
opposed to petty struggles. He states that a nation must recognise that they are
constantly in a fundamental struggle for survival against foreign cultures and
traditions, which are perpetually seeking control of their minds with the sole
purpose of controlling their resources. This includes even human resources, and
unity is the only weapon.
Our continent is the youngest, with an average age of 19 years, and we are up
against an ageing world population. Civilisation has been misinterpreted to only
refer to Western civilisation when there have been many civilisations involving
different cultures. The true definition of civilisation is the process by which
a society or people (nation) reaches an advanced stage of social, cultural,
economic development, and organisation. This effectively means that emaSwati
need to reach a stage of advancement, not only economically but also socially
and culturally. Whose culture must we develop if not our own? Our culture and
traditions are indeed dying. This is evident in the loss of our language,
particularly among the youth. Our language holds everything within it, our
culture.
How a young person speaks to an elderly person carries respect inherent within
the siSwati language. The proper use of salutations (tinanatelo) can diffuse the
most explosive situations because the language has a way of displaying respect
in dialogue, even in tense situations. Traditional events such as traditional
weddings may appear to be thriving, but culturally, they are dying. The Western
influence is slowly taking over as the true meaning of the culture is lost.
Emalobolo is gradually becoming a transactional exchange of money, as if
daughters can be sold. An active, collective, and conscious effort must be made
to educate emaSwati about our culture and allow it to evolve, as it must, but in
the manner of a growing African civilisation. The only way this can be achieved
is through an active House of Chiefs and bantfwabenkhosi.
Appalling conditions of imiphakatsi
Truth be told, there are some imiphakatsi that are in an appalling state. Houses
are falling apart with no new chief for years. The job of the House of Chiefs
would be to try and improve the situation and standard of living of our chiefs
and bantfwabenkhosi. Not all are doing well. The proper education of all
siblings within the imiphakatsi must be guaranteed. We might not be able to pay
a salary to each chief, but we need to ensure, as a nation, that they are
adequately supported.
Some communities depend on them. The lease of the Swati National Land could be a
means of empowering them and indeed the nation. I have spoken about it at length
in other articles. It is my belief that it could revolutionise our country in
terms of giving bankable value to Eswatini’s national land and empowering our
traditional leaders throughout the country. The House of Chiefs in Parliament
will be very busy indeed. Comment: septembereswatini@gmail.com