Attorney General Sifiso M.M. Khumalo has called for the urgent implementation of Chapter XIII of the Constitution to dismantle Eswatini’s outdated local government system, which continues to reflect colonial divisions between urban and rural areas.
Presenting before stakeholders, the country’s top legal advisor pointed out that the existing legal framework—anchored on the Urban Government Act of 1969—only caters to urban areas, leaving rural communities governed by Swazi Law and Custom with limited access to public services and development. This dual system, he said, perpetuates inequality and undermines national cohesion.
The 2005 Constitution, following years of national consultations, introduced Chapter XIII as a new legal order for local governance, envisioning a unified Tinkhundla-based system across the country. The Constitution provides for the establishment of local governments rooted in democratic participation and aligned with decentralization principles. Khumalo noted that for the new framework to be meaningful, it must be read in conjunction with other key constitutional provisions such as Section 58 on political objectives, and Sections 79 and 80, which define the Tinkhundla system and its role in development and representation.
“Under this new structure, Tinkhundla areas should serve as both political constituencies and engines of local governance,” the AG said. “The idea is to enable communities to manage their own affairs through elected councils or committees, blending traditional leadership with democratic administration.”
Section 218 of the Constitution directs the creation of a single countrywide local government system, while Section 219 tasks the Elections and Boundaries Commission with demarcating these local authority areas—taking into account population size, geographical features, and existing infrastructure.
He explained that the Constitution gives local governments powers to manage service delivery, implement development projects, raise revenue through taxes and fees, and promote social and cultural life in their areas. Section 224 further mandates that all local government development programmes align with national development plans, with central government support.
Khumalo clarified that the proposed legal framework will retain Eswatini’s unitary state structure, placing the overall management of local government under a designated national ministry. That ministry will operate through four regional offices, each headed by a Regional Administrator. Chiefs, as custodians of traditional authority, will remain key actors under the oversight of the ministry, especially in rural areas.
The Attorney General’s presentation comes against the backdrop of strong calls from previous Sibaya gatherings—in 2018 and 2023—for reform in local government to improve service delivery. His Majesty King Mswati III has already directed government to expedite the operationalization of laws that will enable Tinkhundla areas to function more effectively and bring services closer to the people.
The proposed governance model includes structures at national, regional and Tinkhundla levels to coordinate administration, resource allocation, and development. Local councils will be tasked with spearheading infrastructure development, social cohesion, and civic participation.
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