Petition of Swazi Royal Families and Swazi Chiefs/Nation residing in Traditional Swazi Areas

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International Relations

17 September 2003
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Meeting report

FOREIGN AFFAIRS PORTFOLIO COMMITTEE
17 September 2003
PETITION BY SWAZI ROYAL FAMILIES AND SWAZI CHIEFS/NATION RESIDING IN TRADITIONAL SWAZI AREAS

Chairperson:
Dr P Jordan

Documents handed out:
Petition on Swazi Royal Families and Swazi Chiefs/Nation residing in traditional Swazi areas (email
[email protected] for document)

SUMMARY
The Committee discussed a petition by members of the Swazi Royal family and traditional Swazi leaders that South African areas that were traditional Swazi areas be transferred to Swaziland. The Committee found that they cannot adjudicate in the matter, and that the issue could not be entertained if the citizens of these areas had not been consulted. They also decided that it is preferable to abide by the OAU resolution on this matter which states that borders should not be changed.

MINUTES
The Chair noted that the Committee would be dealing with a touchy issue. The topic for discussion was a petition by members of the Swazi Royal Family and traditional Swazi leaders residing in South African areas to have these areas made part of Swaziland. He pointed out that boundaries of African countries have, in large, not been drawn by the indigenous people, but by the colonial powers in Berlin in 1888. Therefore complaints like that of the Swazi Royal family and traditional leaders are a problem in almost every country on the continent. The African Union's antecedent, the OAU, recognized this reality, but also recognised that redefining borders would lead to wars. Therefore, the OAU leaders had established a resolution, which stated that the borders will remain the same and that there is nothing to be done regarding this issue. He believed that the discussion should take place in the light of this resolution. The Speaker of Parliament had referred this petition to the Committee. The petitioners had complained that the South African executive has not attended to the matter.

Discussion
Mr Eglin (DA) said that the Committee would require a memo from the South African and Kwa-Zulu Natal government stating the facts from a South African perspective. He inquired about the legal implications, in terms of the South African Constitution, international law and the OAU resolution. He wondered what the procedure would be. As both the land and the people living there would be transferred, what would be the effect on the population, who are currently South African citizens?

Mr Ramgobin (ANC) agreed with Mr Eglin and said the Committee should not take the petition seriously. The Committee should merely note the petition and then pass it on to Cabinet.

Mr Makanda (ANC) said that he is aware that a discussion had taken place between the ANC and the Swaziland government. He would like to know the content of this meeting and whether the government or the ANC executive has discussed this issue. He also asked if any consideration has been given to the residents of the area.

The Chair said that the Royal family and the ANC had discussed the issue during the 1980s. The view was then that as South Africa was not yet liberated and as the ANC could not speak on behalf of South Africa's people, the issue should be resolved after liberation. The matter was also discussed by the previous government in the early 1980s. They suggested that portions might be transferred in the future, but this was only an attempt to win Swaziland as a friend. The citizens had never been consulted, and the petition stems only from the traditional leaders.
The matter has been in discussion since 1994. It was the previous Cabinet's view to stick to the view of the OAU. This did not preclude negotiations, but this could be dangerous.

Ms Mahomed (ANC) agreed and inquired into the acknowledgement of the petition.

The Chair said it has been done by the Speaker.

Mr Mokoena (ANC) said that since public opinion has not been canvassed, Parliament could not act. He also questioned the authority of the Committee to deal with the petition. The remedy of the petitioners should be the international court. He warned against South Africa conceding to the petitioners, since South Africa is seen as a prosperous country on the continent and it could lead to further claims from other countries. He also warned that xenophobia could occur. The Committee should not even pretend to take the petition seriously - it must be taken back from where it comes.

The Chair replied that the Committee must consider the petition, because the Speaker had referred it to them. The Committee might not have the authority to adjudicate the matter, but they can express an opinion.

Dr Geldenhuys (NNP) asked which areas are in dispute.

The Chair referred him to the areas from where the petitioners came, as stated in the petition. The petition did not specify the areas precisely. He emphasized that there is a need for precision.

Mr Ramgobin said that the Committee should reinforce South Africa's position on African unity. The petition is mischievous and would be upsetting to the continent and is not in the interest of the people. The Committee should reinforce the position of the African Union and talk about co-existence. The issue had serious implications for next year's elections, given the history of the area, and it should therefore be handed over to Cabinet.

In answer to Mr Ramgobin asking how the Committee should handle the media on this issue, the Chair said that the media is present at the meeting, and that they are free to report as they wish.

The Chair summed up the views the Committee: The Committee does not have the jurisdiction to adjudicate the issue and it is preferable to abide by the OAU's resolution.

Mr Eglin stated that the OAU resolution must be taken into account, but that it should not be an obstacle.

The Chair agreed, but emphasized that it is preferable to stick to the OAU's resolution. He The continued that the petition should not be entertained unless the South African citizens concerned are properly consulted. The royal family cannot speak on behalf of others. The petition would be send back to the Speaker, and the Committee would recommend that she write the petitioners a letter advising them to submit the petition to the Executive.

The Chair will circulate the wording of the Committee's recommendations to the members for approval before sending it to the Speaker. He thanked the members for their contributions and he considered then matter closed.

The meeting was adjourned.

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