Draft:Organic Proclamation

The Organic Proclamation was a proposed law drafted in 1893-1895 that was meant to establish the future administration of Swaziland (now Eswatini) during the colonial period.

Organic Proclamation
Swazi Queen Regent and Council
  • Proposed proclamation establishing the future administration of Swaziland
Territorial extentSwaziland (now Eswatini)
Enacted bySwazi Queen Regent and Council (proposed draft)
CommencedNever signed
Summary
Proposed framework for Swazi self-governance under British guarantee, rejected by Swazi authorities in 1895
Keywords
Swaziland, South African Republic, Convention of 1893, Convention of 1894, Boer administration

The proclamation was presented to the Swazi Queen Regent Labotsibeni Mdluli and the Liqoqo for their signature following King Mbandzeni's death in 1889 and its acceptance by the Swazi royal family would have triggered the implementation of the Convention of 1893 between the United Kingdom and the South African Republic (Transvaal), a deal that would have seen Swaziland legally falling under Boer domination which the Swazi rejected in February 1895 and appealed for British protection.[1]

Background

Following the death of King Mbandzeni in 1889, Swaziland entered a period of political instability as many land agreements were creating conflicts between the British and the Boers. The Swaziland Convention of 1890 had established a tripartite administration over the territory's white population but the future governance of Swaziland remained unresolved. As explained in the House of Lords on 2 March 1894:

Under that Convention, negotiations are at the present time going on with the Native Authorities in Swaziland with the view to the conclusion, if possible, of an organic Proclamation, establishing the future administration of the country."[2]

While the Organic Proclamation appeared to offer significant protections for Swazi sovereignty, it was in fact the mechanism by which Swaziland would be transferred to Boer administration. The proclamation was "founded on the Convention of 1893," a secret agreement between Britain and the South African Republic that provided for the Transvaal to "assume rights of jurisdiction, protection, and administration over Swaziland" – subject only to Swazi consent to the Organic Proclamation.[3]

The British Government admitted that the 1893 Convention meant they had "for the first time agreed to surrender the Swazis to Boer domination."[4] The provisions guaranteeing the Paramount Chief, Swazi laws, and land rights were protections within the new Boer-run administration, not guarantees of continued Swazi independence. The Swazi Queen Regent and Council understood this distinction and rejected the proclamation, asserting instead that "they belonged to the Queen."[1]

As outlined in British parliamentary records, the proclamation contained the following key provisions disguised as the protection of Swazi interests:[5]

Provision Description
Paramount Chief The King of Swaziland would remain Paramount Chief of the Swazis in Swaziland with the usual powers of such Paramount Chief
Laws and customs The management of internal affairs of Natives would be in accordance with their own laws and customs, administered by the Native Chiefs entitled to administer the same, insofar as such laws and customs were not inconsistent with "civilised laws and customs"
Land rights Natives were guaranteed in their continued use and occupation of land in their possession, and of all grazing or agricultural rights to which they were entitled
Enforcement These guarantees would be enforced by Her Majesty's Government

The proclamation was described as being "founded on the Convention of 1893" and was intended to be signed by the Swazi Queen Regent and Council.[5]

Relationship to the Swaziland Convention

The Organic Proclamation served as a conditional trigger for the implementation of the 1893 Swaziland Convention, which had been negotiated but not yet ratified. The relationship between the various instruments was summarized in the House of Commons on 12 February 1895:[6]

The Convention of 1890, under which the tripartite administration of Swaziland was created, will be superseded if and when the Volksraad ratify the Convention of 1894; or, if previously to such ratification the Swazis agree to sign the Organic Proclamation, the Convention of 1893 will thereupon come into force.

Therefore, two possible outcomes existed:

  • The Swazis sign the Organic Proclamation (Convention of 1893 takes effect)
  • The Volksraad ratifies the Convention of 1894 to supersede the 1890 arrangement

But neither event occured and the Convention of 1890 continued, subject to termination by one month's notice on either side

Importantly, the Convention of 1894 was not communicated to the Swazi Government, "because it would only come into force in the event of their not agreeing to what was negotiated last year - in the event, that is, of their not agreeing to the proposal for the acceptance of an organic proclamation."[5]

Queen Victoria's Message to the Swazi Envoys

In response to Swazi appeals for British protection, Queen Victoria sent a formal message to the Swazi Envoys who had travelled to London. The message, delivered on behalf of the Queen, stated:[5]

I am commanded by the Queen to inform you that, while Her Majesty is sensible of the confidence in the justice of her rule which is implied by the offer of allegiance which you have made to Her Majesty by order of the Queen Regent and Council of the Swazi nation, the Queen is precluded by her Treaty engagements from accepting the allegiance which you have tendered.

The Queen desires me to say that Sir Henry Loch, her High Commissioner in South Africa, in preparing the system of administration which he drew up last year in concert with the Government of the South African Republic, and which has been embodied in the organic proclamation which the Queen Regent and Council have been invited to sign, acted in full accordance with the instructions issued to him by Her Majesty's Government.

The Queen is convinced that in framing that system Sir Henry Loch was animated by a sincere desire to do the best that could be done under the existing circumstances for the interests of the Swazi people, and Her Majesty desires you to tell this to the Queen Regent, the Queen Mother, the King, and the Council; and to inform them that it is Her Majesty's wish that they should be guided by the advice of her High Commissioner in South Africa, who represents the Queen in that part of the world, and possesses Her Majesty's entire confidence.

On 15 February 1895, the Swazi Queen Regent Labotsibeni Mdluli and her Liqoqo advisory council met to consider the draft Organic Proclamation. They "declined to sign the draft Organic Proclamation recommended for their acceptance" and instead asserted that "they belonged to the Queen" (meaning Queen Victoria).[1]

The British Government responded that this claim was "entirely incorrect," as Her Majesty's Government were "precluded by Treaty engagements from declaring a Protectorate over Swaziland." The British Government further stated that it trusted "the Swazis will be wisely and prudently guided by the white men who have assumed the responsibility of advising them, and that they will peacefully accept a settlement in which Her Majesty's Government have been careful to safeguard all Native interests."[1]

Following the Swazi rejection of the Organic Proclamation, the path was cleared for the Convention of 1894. This Convention was ratified by the Volksraad of the South African Republic on 14 February 1895, just one day before the Swazi Council met to reject the Organic Proclamation. Under the Convention of 1894, Swaziland was placed under the protection and administration of the South African Republic, though not formally incorporated into it.

The British Government maintained that Swaziland's independence had "practically ceased to exist since 1888" and that the allegation that independence had been guaranteed to the Swazis was "unfounded."[1]

The rejection of the Organic Proclamation represented the last formal attempt by the Swazi authorities to resist Boer administration through diplomatic means, and marked the end of meaningful Swazi autonomy until the country regained its independence in 1968.

References

  1. ^ a b c d e "BOERS AND SWAZIS". Hansard (UK Parliament). 19 February 1895.
  2. ^ Cite error: The named reference ripon_1894 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference hansard1895 was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference hansard18950206 was invoked but never defined (see the help page).
  5. ^ a b c d "SWAZILAND". Hansard (UK Parliament). 6 February 1895.
  6. ^ Cite error: The named reference hansard_1895 was invoked but never defined (see the help page).

Further reading

  • Convention between Her Majesty and the South African Republic for the settlement of the affairs of Swaziland (1890). London: Her Majesty's Stationery Office.
  • Blue Books on Swaziland (1893-1895). Colonial Office records.

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