Times of Swaziland
1 August 2008
Emagawugawu’s Mduduzi Simelane runs to court
By NHLANHLA MATHUNJWA
MBABANE – Gospel artist and Zionist Pastor Mduduzi Simelane of Mduduzi Neziceku Zamaga-wugawu has run to court in a bid to take part in the elections.
Simelane is a teacher and he wants to be granted leave of absence from work to take part in the elections.
He has filed an urgent application at the High Court, as he wants the Teaching Service Commission (TSC) to grant him the leave.
According to the constitution, anyone holding or acting in any public office needs to be granted leave of absence for the duration of Parliament in order to participate in the nomination or he/she could face disqualification.
Government is yet to file its opposing papers as yesterday afternoon the matter was stood down until today.
Simelane, who hails from KaMkhweli under Chief Maguga Dlamini in the Lubombo region, is currently based at Mahlabatsini High School and wants to stand for elections at the KaMkhweli Constituency.
Applied
In his founding affidavit, Simelane says he approached his employer and applied for leave of absence in order to qualify for nomination.
He says he was advised and made to believe that his employer would consider his application on Wednesday, but that is when it was dismissed.
Simelane says the TSC’s decision to deny him leave was unreasonable and violated his constitutional right as a citizen in good standing to participate in the elections and does not promote the constitution.
He strongly believes that he should not be denied his right unreasonably.
Simelane says the TSC has every right to cancel his leave of absence and compel him to resume his duties as a teacher if he does not succeed.
He says he was desirous and willing to represent his constituency and to ensure that the voice of his constituency is heard in the new Parliament to ensure that the country makes the appropriate social, economic, educational and political decisions in Parliament.
The matter, which is before Judge Stanley Maphalala, continues this morning.
In this case, the gospel artist is represented by Manzini-based Lawyer Ntsika Fakudze.
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