Eswatini 2005 Constitution

CHAPTER XIV. TRADITIONAL INSTITUTIONS

227. Traditional institutions

1. The Swazi traditional government is administered according to Swazi law and custom and the traditional institutions that are pillars of the monarchy as set out in subsection (2).
2. The following Swazi traditional institutions are hereby guaranteed and protected –
   1. iNgwenyama;
   2. iNdlovukazi;
   3. Ligunqa (Princes of the Realm);
   4. Liqoqo
   5. Sibaya;
   6. (Tikhulu) Chiefs;
   7. Umntfwanenkhosi Lomkhulu (Senior Prince);
   8. Tindvuna (Royal Governors).

228. INgwenyama

1. INgwenyama is the traditional head of the Swazi State and is chosen by virtue of the rank and character of his mother in accordance with Swazi law and custom.
2. INgwenyama enjoys the same legal protection and immunity from legal suit or process as the King.
3. Subject to an elaborate system of advisory councils, the functions of iNgwenyama under this chapter shall be regulated by Swazi law and custom.

229. The Ndlovukazi

1. The Ndlovukazi (Queen Mother) is traditionally the mother of the iNgwenyama and the symbolic Grandmother of the Nation.
2. The Ndlovukazi is selected and appointed in accordance with Swazi law and custom.
3. The official residence of the Ndlovukazi is the legislative and ceremonial capital of the nation and the arena of the Incwala and Umhlanga.
4. The Ndlovukazi has such powers and performs such functions as Swazi law and custom assigns to her.
5. Without derogating from the generality of subsection (4) the Ndlovukazi exercises a moderating advisory role on iNgwenyama.
6. The Ndlovukazi shall be immune from-
   1. suit and legal process in any civil case in respect of all things done or omitted to be done by her in her private capacity; and
   2. being summoned to appear as a witness in any civil or criminal proceedings.
7. The Ndlovukazi shall be immune from taxation in respect of emoluments or any income accruing to her in her private capacity and all property owned by her in her private capacity.

230. Ligunqa

1. The Ligunqa (Bantfwabenkhosi) are princes of the realm, the paternal uncles and half-brothers of iNgwenyama who exercise functions of a sikhulu (chief) over some area and whose mothers were given liphakelo (authority to oversee and exercise jurisdiction over an area accorded by iNgwenyama in accordance with Swazi law and custom).
2. Ligunqa ranks above liqoqo and is convened by iNgwenyama or the Ndlovukazi as Queen Regent.
3. The membership of ligunqa includes the indvuna referred to in Section 235(2) and some members of Emabekankhosi (king-makers) determined in accordance with Swazi law and custom.
4. INgwenyama, from time to time, consults all or some of the members of ligunqa on important or sensitive matters or disputes including matters of succession connected with the monarchy.
5. Ligunqa will also advise iNgwenyama, the Ndlovukazi as Queen Regent where that advice is necessary in the national interest to ensure the stability and continuity of the monarchy.

231. Liqoqo

1. The Liqoqo is an advisory council whose members are appointed by iNgwenyama from the membership of bantfwabenkhosi (emalangeni), tikhulu (chiefs) and persons who have distinguished themselves in the service of the Nation.
2. Where necessary the members of liqoqo may be appointed by the Ndlovukazi as Queen Regent.
3. Liqoqo traditionally advises iNgwenyama on disputes in connection with the selection of tikhulu (chiefs) boundaries of chiefdoms and any other matter iNgwenyama may assign for their advice in confidence.
4. A judicial officer, member of Parliament or of a service commission shall not at the same time qualify to be a member of liqoqo.
5. A member of liqoqo shall hold office for a period not exceeding five years and shall be eligible for re-appointment and shall vacate office where the member –
   1. dies;
   2. resigns; or
   3. is removed from office by iNgwenyama or Indlovukazi as Queen Regent.
6. A member of liqoqo shall, before assuming office, take and subscribe the oath of allegiance and due execution of office set out in the Second Schedule.
7. Liqoqo is convened and traditionally presided over by iNgwenyama who may assign this responsibility to any person designated by him for that purpose.

232. Sibaya (the Swazi National Council)

1. The people through Sibaya constitute the highest policy and advisory council (Libandla) of the nation.
2. The Sibaya is the Swazi National Council constituted by Bantfwabenkhosi, the tikhulu of the realm and all adult citizens gathered at the official residence of the Ndlovukazi under the chairmanship of iNgwenyama who may delegate this function to any official.
3. Sibaya functions as the annual general meeting of the nation but may be convened at anytime to present the views of the nation on pressing and controversial national issues.

233. Tikhulu (Chiefs)

1. Chiefs are the footstool of iNgwenyama and iNgwenyama rules through the Chiefs.
2. The iNgwenyama may appoint any person to be chief over any area.
3. The general rule is that every umphakatsi (Chief’s residence) is headed by a Chief who is appointed by iNgwenyama after the Chief has been selected by the lusendvo (family council) and shall vacate office in like manner.
4. The position of a Chief as a local head of one or more areas is usually hereditary and is regulated by Swazi law and custom.
5. Unless the situation otherwise requires, a chief shall assume office at the age of eighteen years or so soon thereafter as the period of mourning comes to an end.
6. A Chief, as a symbol of unity and a father of the community, does not take part in partisan politics.
7. A Chief may be appointed to any public office for which the Chief may be otherwise qualified.
8. The powers and functions of chiefs are in accordance with Swazi law and custom or conferred by Parliament or iNgwenyama from time to time.
9. In the exercise of the functions and duties of his office a Chief enforces a custom, tradition, practice or usage which is just and not discriminatory.

234. Umntfwanenkhosi Lomkhulu (Senior Prince)

Umntfwanenkhosi Lomkhulu is a paternal uncle of the King selected and appointed in accordance with Swazi law and custom.

235. Tindvuna

1. Traditionally Swaziland has a number of tindvuna or governors in charge of the regiments and the royal villages.
2. The Indvuna of the Ndlovukazi’s residence is the first-amongst-equals or governor-general.
3. The position of an indvuna is not strictly hereditary even though appointment is made within a limited range of leading commoner families.
4. Tindvuna assist in the traditional government of the country by carrying out certain decisions and advising iNgwenyama or Ndlovukazi in various other respects.
5. Tindvuna hear cases, give judgments and advise on the temper of the nation, organise labour for the royal fields and ensure that the royal kraals and villages are periodically repaired.
6. Tindvuna also facilitate access to iNgwenyama or Ndlovukazi to those seeking royal audience.
7. The Tindvuna of the royal residences will normally have a small council to consult before taking a decision.