Abstract

DUBE, Angelo  and  NHLABATSI, Sibusiso. The King can do no wrong: The impact of The Law Society of Swaziland v Simelane NO & Others on constitutionalism. Afr. hum. rights law j. [online]. 2016, vol.16, n.1, pp.265-282. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2016/v16n1a12.

In mid-2014, the High Court of Swaziland issued a controversial judgment in which it dismissed an application challenging the powers of the King to appoint judges. This was the case of The Law Society of Swaziland v Simelane NO & Others, which has far-reaching consequences for constitutionalism and the rule of law in Swaziland. The main finding of the Court was that the lawsuit was frivolous because the applicants knew that the King enjoyed immunity from all legal suits for everything under the sun which he does or omits to do. In finding that the King's actions could be challenged as the King was considered to be unerring, the Court further relied on an archaic customary idiom, umlomo longacali manga (the mouth that does not lie). The net effect of this is that any exercise of public power by the King, or anyone acting on behalf of the King, cannot be challenged as unconstitutional. This article traces the origins of the judicial problems currently afflicting Swaziland, and demonstrates that, to a large extent, the judiciary has been suffering from inside, rather than external forces, before making recommendations on how to remedy this unfortunate situation.

Keywords : Swazi King; constitutionalism; rule of law; immunity; judicial independence.

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