Times of Swaziland
24 July 2008
Tum du Pont, others take EBC to court
MBABANE – The High Court has received yet another application challenging the existence of the Elections and Boundaries Commission (EBC).
The notice of motion was filed yesterday and government is yet to file its opposing papers.
In the latest litigation process, the Swaziland Coalition of Concerned Civic Organisations Trust (SCCCOT) wants the decisions and actions that have so far been purportedly taken by the Commission to be declared unlawful.
In essence, it follows that the recently concluded elections registration process should be nullified.
The SCCCOT comes from the school of thought which purports that the appointment of the commission was a flawed process, which consequently brings its composition in disrepute.
According to papers before the High court, "…the SCCCOT has a direct and material interest in the lawfulness of the operations and actions of the EBC, particularly where this is prejudicing or has the potential to prejudice the voter education activities of the Trust and its affiliates".
As a body with a primary objective to promote and protect democratic, civil and other human rights, the SCCCOT believes its mission is affected by the existence of an improperly constituted body; which has a mandate to oversee the smooth running of the forthcoming polls.
In the court papers, it is argued that the SCCCOT together with other groups of its calibre should have been included in the composition of the EBC.
Basically, the argument is that the EBC, as a body entrusted with managing elections, should have been drawn from a wide spectrum of the citizenry.
The organisation has engaged the services of attorneys from Mbabane prominent law firm, Robinson Bertram.