The drafting of the Constitution of Swaziland, 2005
Questions whether the Swaziland constitution-making process fulfilled the requirements of an all-inclusive, participatory, transparent and accountable process. Examines the independence of the King’s appointed constitutional review bodies, given that, in order to produce a credible, legitimate and durable constitution, the review bodies must be as independent from the government as possible. Looks at the role of the African Commission on Human and Peoples’ Rights as, well as the Swaziland courts in enhancing a people-driven process. Concludes that the Swaziland constitution-making process did not herald a departure from the constitutional order that existed prior to the adoption of the Constitution of the Kingdom of Swaziland Act 1 of 2005 and that the Kingdom does not qualify as a constitutional and democratic state with a justifiable bill of rights capable of enforcement by an independent judiciary
Article, 2008
African human rights law journal, 8, Dec 2008, 312
2008