The absurdity of constitutional safeguards for women’s representation in Eswatini’s House of Assembly

Abstract Using doctrinal legal analysis and empirical research methods, this article examines why the safeguards in Eswatini’s 2005 Constitution have not succeeded in improving women’s representation in the House of Assembly. Despite constitutional provisions allowing women to contest constituencies, mandating the King to select five women among the ten discretionary appointees, and providing four compensatory seats if the 30% target is unmet, women’s ­representation in the House of Assembly remains low. After the 2023 elections, only 21.6% of the House of Assembly members were women, compared to 46% in the Senate. The tinkhundla system has failed to meet the minimal 30% threshold. The compensatory four seats have not closed the gender gap, and a lack of political will continues to hinder progress. This article proposes amending Section 95(1)(a) of the Constitution to implement a mechanism that would facilitate the realization of equal representation of men and women in the sixty-member House of Assembly, in alignment with the aspirations of Sections 60(4) and 84(2) of the Constitution, as well as Eswatini’s international and regional commitments. These safeguards should be supported by a commitment to uphold the Constitution, the rule of law, and initiatives aimed at shifting societal perceptions of women’s roles in public life.