Times of Swaziland
24 September 2008
38 voters challenge Sibusiso Nkambule
By MHLONISHWA MOTSA
MBABANE – It is now 38 voters who have filed papers at the High Court challenging aspiring Kwaluseni Member of Parliament Sibusiso Nkambule’s primary election win.
When the matter first came to court about 17 voters had filed their confirmatory affidavits in respect of the matter against Nkambule.
Now these voters are calling for the elections held at Kwaluseni Umphakatsi to be declared illegal, irregular, and not free and fair.
In session held at the judge’s chambers yesterday, Justice Jacobus Annandale ordered that a recount be done to determine the correct figure of votes accumulated.
The recount was done at the EBC offices in Nkhanini immediately and a report is expected to be presented before the Judge today.
Monitoring the recount for the court was Thandi Maziya.
Amongst a host of allegations, the applicants claim that on the day of election they were turned back on the basis that elections had been closed thus denied their right to vote.
They further brought it to the attention of the court that they had already left when it was announced that elections will continue the next day.
They allege that the announcement was only heard by those who were ‘lucky’.
Nkambule in his answering affidavit, contests that the applicants have failed to implicate him or any of the respondents as the one who turned them back.
Nkambule further brought it to the court’s attention that it was improbable that the applicants left the polling station without hear- ing the announcement because it was made to all those who were present.
When the matter first came to court, about 17 voters had file their confirmatory affidavits in respect of the matter against Nkambule.
It first appeared before Justice Mbutfo Mamba and was postponed to allow the parties to file and serve their papers.
Appearing for the applicants is lawyer Professor Msibi, whilst Nkambule is represented by Nkomonde Attorneys law firm.