CONSTITUTION LOSING ITS WORTH

Sir,

Many years ago the country embarked on a process of expressing our aspirations and defining of our political architecture through the Constitution-making process. Millions of Emalangeni went into this exercise to put in place commissions which steered it, getting expertise from around the world to add value to the process as well as an attempt at consultation to get all emaSwati to make contributions. The progressive and labour movement today is happy to take credit for this process as they view it as a process that happened as a result of their incessant demands, particularly as it formed part of the then Swaziland Federation of Trade Unions’ (SFTU) famous 27 Demands. Of course, there were many complaints with the manner in which the process was carried out.

Project

The progressive movement saw it as a project that would not serve the interests of the nation and some individuals turned down appointments to the Constitutional Review Commission (CRC) because they felt strongly that they should be in those positions, not as individuals, but representatives of a collective. The same argument was raised by some who elected to boycott the exercise and would not contribute during the consultation stage, citing that the process would be enriched if there was space for people to make contributions as representatives of various sectors of society, because getting views of all emaSwati would be impossible. Fast forward to 2022, the Constitution, with all its frailties, real or imagined, remains supreme with all force of law.

Aspirations

As a document that is an expression of national aspirations, all arguments conveniently ignored, it has to be respected and complied with. While no law, properly legislated and assented to, should be breached without consequences, breaching the Constitution should carry even stiffer punishment. Regrettably, we seem to have little regard for the Constitution in this country. Our human rights record has always been on the spotlight for all the wrong reasons and recent events may suggest that putting in place this document was only but a political gimmick and just box-ticking.

If almost 20 years in this constitutional dispensation we pick and choose what to comply with and what we flout with impunity, it speaks volumes about how (not) seriously we take ourselves as a nation and this document that is losing its worth every day. The Constitution enjoins us all, without distinction, to uphold and protect it. Our leaders should lead us in this regard. Apologies and merely conceding that we are at variance with the spirit and letter of the law, while at best admirable in so far as it reflects that we know what the truth is, is not enough to inspire confidence in the sanctity of the law and respect of the will of the people. Let’s not erode trust in the one thing that we all should take refuge in.

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