4.
The Kingdom of Swaziland regained independence on the 6th September 1968
after 65 years of British rule as a protected state. The Nation's crest with the Lion
on one side and elephant on the, other, represents the traditional dual Monarchy,
in which the King and the Queen rule jointly. The Kingdom has always managed
to keep its traditional government in place and to keep its own King, Queen and
National Council as the heart and soul of its nation.
5.
Five years after independence in 1968 King Sobhuza II,
with the approval of the Parliament, revoked the
Westminster based constitution that had been imposed
on Swaziland by the British. With this repeal of the
constitution, political parties were banned. In their
place, Swaziland sought to design a political system that
would safeguard the traditional political system while
preparing the nation to work within a more universal
government structure. That system, known as
Tinkhundla provides for the election of parliamentary
representatives by the people organised into
constituencies with the traditional government playing a
balancing role were the King and Queen retains
political power.
A. Legal System.
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The judiciary is independent and judicial powers are vested with a dual system,
one based on western law and the other on Swazi law and custom. The Western
judiciary consists of the Court of appeal, the High Court and the Magistrate's court all
of which are independent. Local judges serve indefinitely on good behaviour. In the
Magistrate Court accused are entitled to counsel/legal representation at their own
expense while legal representation is provided pro deo in capital cases in the
High court. There are well defined procedures of appeals
3