COURT ORDERS POLL TO START AGAIN

Weekend Observer

4 October 2008

Kwaluseni elections start afresh

Stories By Sabelo mamba

High Court Judge Qinisile Mabuza has ordered that the primary elections at Kwaluseni Umphakatsi should start afresh.

The judge clarified that the order was in respect of the position for Member of Parliament, not Indvuna Yenkhundla and Bucopho because they were challenged.

Justice Mabuza issued the order following an application brought by 15 voters, who argued that they were denied their constitutional right to vote because ballot papers got finished.

The primary elections were won by former Parliamentarian Sibusiso Nkambule, who was challenged by another election candidate, Sibusiso Mabhanisi Dlamini and the voters.

The judge said the issue of paramount importance was the registrar's report to the effect that she found unused ballot papers inside the ballot box at Nkhanini offices.

"This leaves doubt on the mind of the court whether or not the applicants were able to vote," she said.

"Voting started late and ballot papers arrived late. The polling station ran out of ballot papers at 12:30 p.m and at around 3: 45pm ballot papers were brought."

She observed that the difference of seven votes between Nkambule and Dlamini was fairly narrow.

Nkambule was represented by Mangaliso Nkomonde while Professor Msibi defended Dlamini.

John Msimango appeared for the Elections and Boundaries Commission (EBC).

Link http://www.observer.org.sz/weekend/main.php?id=47392&section=mainweek