HIGH COURT APPLICATION DISMISSED

Swazi Observer

18 September 2008

Ntuthuko proceeds to secondary elections

THE High Court yesterday dismissed an application brought by a woman, who was challenging the election of LaMgabhi Constituency's former Member of Parliament Ntuthuko Dlamini during the primary elections.

Judge Qinisile Mabuza observed that Dlamini was nominated on the 3rd August, 2008 and the primary elections were conducted on August 23.

The judge wondered why Thinini Maria Dlamini and the community did object within the above-mentioned period.

Justice Mabuza said there was ample time to bring the application to High Court. "The applicant also doesn't state what her interest is here," she said. "She doesn't say whether or not she was also nominated as a candidate. What is her problem? The court doesn't know what her problem is."

The judge dismissed the application with costs. Ntuthuko was represented by Refiloe Mamogobo while Mphilisi Mtshali appeared for Thinini.

Thinini was seeking an order setting aside the primary elections conducted at the umphakatsi on the 23rd August, 2008 on the grounds that the former MP did not qualify to stand for elections for the position of MP. Maria said they were surprised when Ntuthuko was first nominated despite the fact the former MP was known to hold a public office by virtue of being a full time teacher at Emvimbeko High School. She alleged that during the primary elections, Ntuthuko did have a legitimate letter of approval from his employer - the Teaching Service Commission, allowing him to contest this year's elections.

Maria said Ntuthuko unlawfully produced a letter purporting to be granted a five-year leave without pay, yet the said letter had been issued by his employer.

Link http://www.observer.org.sz/main.php?id=46955&section=main