Swaziland Elections 2008

TESTING THE ELECTION LAW

2009-11-06T10:24:00.000Z

Swazi Observer

6 November, 2009

Testing the test for election laws

THE litmus test for an election result to be declared null and void will be tested when the Supreme Court delivers a judgment on the last election dispute on November 27. In legal terms, the court can declare an election result null and void if the number of votes to be declared spoilt is enough to add up and give the election contender a majority stake.

In the case between election looser Thulisile Nyakura and the EBC and 41 others, such a test was said to be inapplicable for Swaziland.

Nyakura's (nee Simelane) lawyer, Mangaliso Nkomondze says Swazi courts should not be made to conform to South African courts where the elections are held under a different dispensation.

Nkomondze says his client lost the election for Eluhlangotsini Bucopho unfairly.

He argued that respondents four to 41 were not residents of Eluhlangotsini hence they should not have voted there. Though this is disputed by the EBC and the other lawyers representing the other respondents, Nkomondze says the Judges should consider the disparities in the elections held in Swaziland and those in South Africa. The matter was heard by Judge Ramodibedi, Judge Magid and Judge Ebrahim.

Judge Ramodibedi asked Nkomondze why his client was contesting the results of the elections yet she had lost with a huge margin of over 100 votes.

This was when Nkomondze said the election was not free and fair.

Then the court asked: "If your client had won the elections, would she still make the application because the elections were not free and fair?"

Nkomondze said even if the election was won by his client, she would still be challenged by those who would have lost it. "She is aggrieved about the EBC running the election in an irregular manner," he said.

When asked to elaborate on the test for setting aside an election result Mkomondze said the Swazi electoral laws were too outdated and open to manipulation. "The test has been imported from outside the country. The test cannot be applied here," he said.

ELECTION BOARD IS LEGAL - COURT

2009-03-27T09:34:00.001Z

Times of Swaziland

27 March 2009

EBC wins, say Judges Agyemang, Maphalala

MBABANE—Parliamentarians can sleep easy knowing that the High Court has dismissed an application brought by the Swaziland Coalition of Concerned Civic Organisations (SCCCO) against the Elections and Boundaries Commission (EBC).

A High Court full bench consisting of Judges Stanley Maphalala, Qinisile Mabuza and Mabel Agyemang yesterday sat to give a final ruling on the urgent application brought by the Coalition to challenge the constitutionality of members of the EBC.

Judge Agyemang found that the points of law raised by the government were valid and must stand. She dismissed the Coalition’s application but ordered that each party pays its own costs.

However, Judge Agyemang found that the Coalition should win with regards to their fifth prayer, where they wanted the court to declare that the EBC and its members had no legal right or power to exclude or preclude persons or groups such as the Coalition from providing voter education to members of the public.

Judge Agyemang said they agreed that the Coalition’s application should be dismissed but said their reasons were not the same as those argued by the Attorney General.

She said because the Coalition was not a legal person, therefore the suit it had brought in its name must fail for lack of capacity.

"It is our view that the present suit cannot be maintained because same has been brought in the name and also on behalf of the Swaziland Coalition of Concerned Civic Organisation Trust, an organisation registered under Trust Deed as a charitable trust and which is thus not a citizen of the Kingdom of Swaziland as envisaged by the provisions of Section 2 (2) of the Constitution. We say this because it is our view that a ‘citizen’ as opposed to a ‘person’ must necessarily be a natural person who can enjoy and exercise civic groups and responsibilities such as exercising his franchise by voting, being entitled to hold a passport, amongst other things," reads Judge Agymang’s judgement in part.

She added that it was unfortunate that members of the Coalition had ceded their rights to challenge the EBC in their personal capacities but chose to use the Coalition, an organisation she said had no locus standi.

Judge Maphalala agreed with Judge Agyemang, leaving only Judge Mabuza to dissent on the merits of the matter. The judge said some of the allegations against the EBC contained in the Coalition’s founding affidavit were not factual. She said some of it were conjecture, while others were mere expressions of opinion.

Link http://www.times.co.sz/index.php?news=6607

SWAZILAND: 'REWRITE CONSTITUTION'

2008-11-04T18:03:00.003Z

Swazi Media Commentary

4 November 2008

COMMENT

Swaziland should look again at its constitution, this time ensuring that there is full consultation with the people, civic society and political organisations.

This s a major recommendation from the Commonwealth Expert Team (CET) members that were official observers of the elections in Swaziland in September.

The CET said that the elections were not entirely credible because the constitution banned political parties and members of parliament had few real powers.

In its report on the election, just published, the CET says revisiting the constitution is necessary to ‘ensure that Swaziland’s commitment to political pluralism is unequivocal’.

It says that review of the constitution ‘should be carried out through a process of full consultation with Swazi political organisations and civil society (possibly with the support of constitutional experts).’

The CET went on to say that the election was not credible, even though a new constitution has been introduced in Swaziland since the last election in 2003.

The CET states, ‘Swaziland has now adopted a new Constitution, which affords the nation an opportunity to make democratic progress. The real challenge is to gain the confidence of the democratic dispensation with an entrenched bill of rights, as is expected of Swaziland in accordance with Commonwealth principles and declarations.’

It added, ‘We also noted our serious concerns on the inherent inconsistencies and contradictions, particularly as they relate to the separation of powers (or lack thereof) and the rule of law. We also expressed our deep concern for the inconsistency and contradictions as they relate to the interpretation of the fundamental right of freedom of association and assembly, where political parties are denied formal recognition, so that they do not have the right to carry out activities which political parties would normally conduct in a multi-party democracy.

‘We believe that the Monarchy and a multi-party democracy are not mutually exclusive, and that a mechanism should be found to insulate the Monarchy from the turbulence of politics.

It goes on, ‘In the modern world, which is complex and constantly evolving, a multi-party democratic system has proved to be the best one for accommodating diversity and well-treasured norms in society. Practical experience has shown that institutions which have been marginalised have suffered. Confidence in the institutional framework to promote a vibrant electorate is vital, as a conscientious, well informed electorate is critical in this day and age. In any country the prevailing political environment influences all aspects of life including social and economic conditions for its citizens. One of the major areas it affects is the constitutional and legislative framework governing electoral processes.’

According to a report from the South Africa Broadcasting Corporation, the Swazi government has declined to comment on the report until it has had a chance to study it fully.

This is a standard response from the Swazi ruling elite to any criticism it receives from the international community. In practice, the government never responds (think of all those criticisms earlier this year and last about the poor governance in Swaziland).

The government thinks it can ignore these findings. It can’t. It is up to democrats to keep pushing the point that Swaziland’s ‘unique’ democracy stands condemned and it must change.

To read the full report, click here.

COMMONWEALTH CRITICISES POLL

2008-11-01T09:24:00.002Z

Commonwealth News and Information Service (London)

29 October 2008
Posted to the web 30 October 2008

Swaziland: Commonwealth Expert Team Issues Final Report On 2008 Elections

Commonwealth Secretary-General Kamalesh Sharma today released the Final Report of the Commonwealth Expert Team which observed the 2008 National Elections in Swaziland.

Mr Sharma said: "Despite the fact that the Team found that the elections on polling day were reasonably well conducted, they raised concerns about the totality of the electoral process. The Team felt that the reasons for this lay in weaknesses in the current constitutional, legal and electoral framework. These required reforms through a process of consultation and dialogue.

"What is vital now is for the Government and all political and civil society organizations in Swaziland to work together to chart a mutually agreed path for the future development of the country, with a view to ensuring its sustainable growth and stability, in line with Commonwealth fundamental values. The Commonwealth stands ready to assist in that process", the Secretary-General added.

The Report was completed and signed by all members of the Commonwealth Expert Team, prior to their departure from Swaziland. It was presented to the Commonwealth Secretary-General by the Team leader, Dr Paul Ssemogerere, the former Deputy Prime Minister of Uganda. Before being made public, it was distributed to the Government of Swaziland, to Swazi political and civil society organisations, to the Elections and Boundaries Commission of Swaziland, and to all other Commonwealth governments.

Link http://allafrica.com/stories/200810300038.html

COURT ASKED TO DECLARE POLL VOID

2008-10-21T10:06:00.000+01:00

Swazi Observer

15 October 2008

Mtiti abused powers - Mahlaba

By Sabelo Mamba

UNIVERSITY of Swaziland Lecturer Mahlaba Mamba has taken former Minister of Agriculture and Co-operatives Mtiti Fakudze to High Court for an order disqualifying him as an elected Member of Parliament under Dvokodvweni Constituency.

Mamba, who is a former Cabinet Minister himself, alternatively wants the court to declare the process and results of the secondary national elections conducted on September 19 null and void.

Mamba, in his affidavit, argues that Fakudze’s campaign was based on a combination of abuse of his powers as minister of State and sheer threats against those who considered voting for another candidate.

He says Fakudze assured the community that he would instruct officials in the ministry of public works and transport to rehabilitate the gravel road from Sigcaweni to Dvokodvweni Constituency and that this would be done before the end of the week.

“True to his words, a dozer arrived in the area within a couple of days and rehabilitated the road over a period of about one week,” he alleges.

Mamba further alleges that Fakudze sent a government tanker to supply water in the area.

He also claims that on the voting day at Malindza High School polling station centre, Fakudze brought voters from areas that were outside the boundaries of Dvokodvweni Constituency. “These voters came from Siweni area, which is under Hlane Constituency,” he states.

Mamba says during the primary elections these voters had actually voted at Hlane Constituency, where they belonged.

“I submit that the issues canvassed above are individually serious enough to taint the elections process with illegality and malpractice,” he argues.

Mamba is being represented by Titus Mlangeni while Fakudze is being defended by Bheki Maphalala.

The case is pending at the High Court.

Link http://www.observer.org.sz/main.php?id=47685&section=main

EMPLOYMENT ROW OVER NEW MPs

2008-10-21T10:03:00.000+01:00

Swazi Observer

14 October 2008

‘SUCH PEANUTS'

By Njabulo Dlamini

ELECTIONS under Mhlume Inkhundla might have to be held again after two winners threw doubts over their ability to serve as Indvuna Yenkhundla and Bucopho respectively.

The Indvuna Yenkhundla is Victor Mdakane and Bucopho is Pat Mokoena.

The MP, Siphiwe Kunene, who was employed as Section Manager has already assumed her Parliamentary duties and will leave the company.

MPs get approximately E26 000 a month.

Mokoena, who was Personel Officer at the RSSC is entitled to about E13 000 (including salary and all other perks and benefits) whilst Mdakane may get about E10 000, including basic salary and other perks.

If they assume the Indvuna and Bucopho jobs, they stand to get E2 000 and R3 000 respectively - a major departure from what they get at the RSSC.

Mokoena has chosen to remain with the company, whilst the Headman, Victor Mdakane is yet to decide.

They have been asked to either resign from their posts and pursue the new appointments.

The action by the RSSC is viewed by some as akin to unfair dismissal.

The feeling is that they should have been granted leave of absence instead of being asked to resign.

They have also been asked to vacate houses and surrender company property.

Correspondence titled 'Procedure for handling appointments to political office, public office or similar non-RSSC roles', is dated September 18, 2008, a day before secondary elections.

"It is intriguing why the company chose to release the document on the 18th; where were they all along?"some wondered.

The correspondence states: "Any employee who intends to engage or become involved in any external, non-RSSC, business interests is required to declare such interests by written application to the Managing Director as provided in Human Resources Procedure 1.3".

5.1 states that the offer of employment at RSSC is made and accepted on the basis of full-time employment in terms of which employees are expected to dedicate 100% of their time and energy towards meeting the goals and objectives of the corporation.

'Therefore, unless approved by the corporation in accordance with HR Procedure 1.3 (Avoidance of Conflict of Interest) employees shall not undertake any other job or appointment during the tenure of their employment'.

In 5.2 of the regulation is states that to become an MP, Indvuna YeNkhundla or Bucopho beNkhundla is deemed to be a full-time occupation.

'Any serving employee who assumes such appointment, cannot adequately perform the two functions of employee in RSSC and the other external business commitments at the same time'.

5.3 Any employee who elects to take up political office, public appointment or other external engagement will be required to resign his/her employment with the Corporation.

In 7.1.1 it says once the appointments have been made, the manager concerned will brief the employee about company policy as stated in these guidelines.

7.1.2 The employee will consider and should he/she elect to pursue the political/public career he/she will complete form HR 3.12.3 (Notice of Termination) formalising the decision to resign from the employ of the corporation.

The HR procedure is signed by General Manager Joe Shilubane and John Du-Plessis.

MP Kunene confirmed that the company wrote to them about the matter.

Human Resources Manager - Administration Dumsani Dlamini referred inquiries to the MD who was unavailable.

EBC comments

MEANWHILE, the Elections and Boundaries Commission (EBC) Chairman Chief Gija Dlamini said there was nothing much they could do about the developments.

"The only setback would be if the entire inkhundla team were to step down meaning fresh elections staged.

That would be a financial setback to us but there's nothing we could do to get to that.

"Otherwise each organisation has its own set of rules as seen with government which asked civil servants to either resign or proceed on a five-year leave.

Other organisations may opt to proceed on a different route as seen in this instance. It's beyond the EBC's grasp," Chief Gija said.

Otherwise, he noted, their hope was for an amicable settlement between the two parties.

Link http://www.observer.org.sz/main.php?id=47646&section=main

BREAD USED TO BUY VOTES

2008-10-21T10:01:00.001+01:00

Times Sunday

12 October 2008

I gave MPs lots of bread—Mr Bread owner

By MAKHOSI MAGONGO

MBABANE— REVEALED: Mister Bread boss Wyne Levendale ‘assisted many’ MPs in their campaign for Parliament elections.

Some of the aspiring MPs were given loads of bread to buy votes, while other sponsorships from Mister Bread came in the form of cash prizes for soccer tournaments hosted by the campaigning nominees.

In return for the favour, they were supposed to elect him to be a senator once they were inside Parliament. But the plot did not go well, as Levendale lost to Tom Mndzebele, who made history by becoming the first visually impaired man to become a senator. Mndzebele got 44 votes while Levendale got 16 after a run off.

On Friday during the selection of senators, Mtsambama MP Bheki ‘No Problem’ Mkhonta nominated Levendale.

MP Mkhonta, a SUB Manager by occupation, yesterday acknowledged that Levendale assisted many MPs during the run down to the elections. He said he was not pleased that his nominee had lost, but was however happy that Mndzebele was eventually successful.

He further explained why he nominated Levendale. He listed several reasons why he wanted Levendale to become a senator.

"The first reason is that he is a Swazi who registered for the elections at Hhukwini area. Electing him would have made us a non-racist country. Our parliament should be balanced along racial lines, as much as we need to have people from the disabled Swazi community represented. I also believe that he has invested a lot of money in Swaziland and is committed to poverty alleviation in that his company employs over 300 people who have dependants.

"I also know for a fact that he assisted a lot of MPs while they were still campaigning for elections. The assistance came in many forms, including prizes for soccer tournaments organised by the MPs. There was free bread provided for the people, which is another way of alleviating poverty," he claimed, adding: "As for soccer, he has sponsored our 1st division league and many other community leagues."

MP Mkhonta said electing Levendale would have encouraged other investors who own businesses in the country. He said Levendale’s election would also be good for his constituency, Mtsambama.

Even though they are rivals in business, Mkhonta says he believes Levendale would have added value to the upper House.

"Nonetheless, I would like to congratulate Mndzebele who was the ultimate winner. I believe he represents a section of our society that has been marginalized over the years," he said.

Levendale said he was not bitter about the loss. "It’s fine, we can only try. At the end of the day, I am happy for the man who eventually won. I have no hard feelings," he said yesterday.

He confirmed that he assisted a lot of MPs when they were still campaigning. He, also, did not disclose any names.

He, however, said donating to impoverished rural areas was his company policy, though the donations were distributed via the then Parliament hopefuls.

He said his interest to become a senator was purely for the development of the country. "The difference between me and some of the people there is that I already have a well paying job, being a senator would have been purely a social responsibility. It was not a way of enriching myself. I wanted to participate in development because I believe Swaziland is a beautiful country that has a lot of potential," he said, adding: "However I believe there are many other people who are there purely for the development of the country, not to enrich themselves."

Chief Gija, the Chairman of the Elections and Boundaries Commission said he had been told that there was a case involving bread that is due to be heard in the high court. He was unsure whether it involved Mr Bread.

He further said donations should not be done with the expectation that there will be a favour returned.

"We have already warned against such donations. Giving is a blessed thing. However, when you give, you should not expect to be given a favour in return," he said. He said people elected into parliament were expected to be honest, and to desist from behaviour that is not in line with the law.

Link http://www.times.co.sz/index.php?news=2142

NEW SWAZI SENATORS APPOINTED

2008-10-21T09:59:00.000+01:00

Weekend Observer

11 October 2008

Only Ngoma, Thandi bounced back

By Fanyana Mabuza

Only two members of the last Senate have bounced back. The Senate members nominated by MPs in the last Parliament who will be returning again are Ngom’yayona Gamedze and Thandi Shongwe, who were also nominated and elected by the current crop of MPs at Parliament yesterday. Gamedze was Deputy President while Shongwe served as Minister for Tourism, Environment and Communications in the last Parliament.

Below is a list of MP elected Senators in the last Parliament:

1. Rowan Howe

2. Ngomuyayona Gamedze

3. Adam Bomber Mtsetfwa

4. Mike Temple

5. Isaac Shabangu

6. Albert Shabangu (Late and replaced by Thandi Nxumalo)

7. Thandi Shongwe

8. Winnie Magagula

9. Nokukhanya Gamedze

10. Mary Magwaza

The new MP elected members of the Senate are:

1. Thandi Shongwe

2. Robert Zwane

3. Ngom’yayona Gamedze

4. Bhutana Dlamini

5. Tom Mndzebele

6. Bon’sile Mngometulu

7. Nozubele Bujela

8. Nelsiwe Shongwe

9 .Ndileka Dlamini

10. Victor Makhosezwe Malambe

Link http://www.observer.org.sz/weekend/main.php?id=47585&section=mainweek

NEW HOUSE SPEAKER ELECTED

2008-10-21T09:48:00.002+01:00

Swazi News

11 October 2008

Prince Guduza Speaker, MP Esther his Deputy LOBAMBA- Prince Guduza was yesterday re-elected to be the House of Assembly Speaker while Mbabane East MP Esther Dlamini, who is in her second term running in Parliament, was elected his deputy. This was during the 9th Parliament’s first session where members of the House were sworn in. The favourite for the Speaker position and former Deputy Speaker MP Trusty Gina from Nkilongo Inkhundla lost. The election of Prince Guduza, who was neither elected nor appointed for a seat in the House of Assembly, came after a motion that was moved by Sithobelweni MP Patrick Mamba and seconded by MP Henry Dlamini. The constitution allows nomination of a non-member of the House on condition that this individual once served a term or more in Parliament. Prince Guduza was among appointed MPs in the previous Parliament. Infact he has been in Parliament for more than one term. He was once a Cabinet Minister. On the other side of the coin another motion to elect MP Gina as Speaker was moved by Lubulini Member of Parliament and gospel singer of note Timothy Myeni and was seconded by MP Sibongile Hlophe. During the election 63 MPs took part in the voting and Prince Guduza became the eventual winner with 41 votes while MP Gina trailed with 22 votes. Unlike in the tightly contested Speaker’s position, MP Dlamini’s (Esther) election as deputy to Prince Guduza was a one-horse race. It was the only motion and it was unopposed. Earlier at exactly 15 minutes before the voting for the Deputy Speaker, Members of Parliament were found in the Parliament corridors deliberating on who should take the Deputy Speaker’s position following MP Gina’s loss to Prince Guduza. Some advised that she should not stand for election after losing the Speaker’s race and seemingly MP Gina obliged. "We are still trying to talk to MP Gina not to stand for the Deputy Speaker position because it would greatly affect her if she loses," one of the MPs was overheard saying. In his remarks Prince Guduza advised parliamentarians to work as a unit while deliberating on laws that would have a positive influence on government policies. "Everyone working in Parliament should ensure that we work towards curbing corruption," Prince Guduza told the House. In her remarks Deputy Speaker MP Dlamini (Esther) thanked parliamentarians for having confidence in her. Link http://www.times.co.sz/index.php?news=2110

Weekend Observer 11 October 2008 Prince Guduza SPEAKER Stories by Sisho Magagul Prince Guduza has retained the position of Speaker in the House of Assembly. The motion to elect the prince was moved by MP Magwebetane Patrick Mamba, who was seconded by Ntfonjeni MP Henry Dlamini. Prince Guduza beat former speaker Trusty Gina to the position. Gina was nominated by Timothy Myeni, and seconded by MP Siphiwe Kunene. Prince Guduza won the vote with a landslide as he got 41 votes whilst Gina amassed 22 votes. There were 63 legislators present in the House, with the exception of a representative from Kwaluseni where primary elections will be held today. Prince Sihlangusemphi did not show up for unknown reasons. Motivating his motion from the election of Prince Guduza, MP Mamba urged members to vote for the Prince because he apparently had been able to bring the House to order during heated debates. “Prince Guduza is an educated man who has 15 years experience doing Parliament work. In the last Parliament, some debates became heated and emotions flared and Prince Guduza was able to calm the situation and bring order in the House,” he said. He said the prince is a diligent man who is over competent to lead the House and maintain its honourable status. Timothy Myeni, when motivating his motion for the election of Gina into the Speaker position, said Gina is an Iron Lady who has been able to lead the House competently when given the reins during the Speaker’s absence in the last Parliament. “We have seen her handling debates very well. Her election would also indicate to the world that Swaziland recognises women in the country,’ he said. However, Gina lost to the Prince after the vote. Attorney General Majahenkhaba Dlamini led the prince to take the oath at exactly 12:56pm. Mbabane East MP, Esther Dlamini was elected Deputy Speaker of the House. She was nominated by Nkwene MP Aaron Sotja Dladla. She was the only candidate. The house unanimously voted her in. Link http://www.observer.org.sz/weekend/main.php?id=47582&section=mainweek

FIRST BLIND MAN IN SWAZI SENATE

2008-10-21T09:45:00.001+01:00

Weekend Observer

11 October 2008

Parliament makes history

For the first time in the history of parliament in the country, a visually impaired person has been elected to occupy a seat in Senate.

Tom Mndzebele, who is visually impaired and a known activist of rights for the physically disabled, was yesterday voted by Members of Parliament to join Senate.

Mndzebele was nominated by Ndzingeni MP, Lutfo Dlamini, who did some massive campaigning for him inside the House.

Leader of local community police, Robert Zwane was also elected into Senate. He got 23 votes.

Former Deputy President of Senate, Ngom’yayona Gamedze was also voted in after amassing the highest number of votes. He received 30.

Former Tourism, Environment and Communication minister Thandi Shongwe also secured herself a seat in the upper chamber with 27 votes. She was nominated by Kukhanyeni MP Clement Dlamini.

Brother to Lutfo Dlamin, Bhutana, a one time councillor at Matsapha Town Board, was also elected into Senate after having been nominated by Manzini North MP Macford Nsibandze.

Others who are now senators are Nelsiwe Shongwe (25 votes) and Ndileka Dlamini, who runs a pre-school at Lobamba Lomdzala (23 votes).

Relatively unknown Victor Malambe (32), a businessman based at Mhlangatane shocked many when he got the second highest votes. Nozibele Bujela is also a Senator.

There had to be a by-election as Mr. Bread director, Wayne Levendale and Tom Mndzebele tied at 16 votes.

Mndzebele won the by election with a landslide as he got 44 votes whilst Levendale got 16 votes. In the female category, three ballot papers were spoilt and five in the male section.

More surprises as favourites crash out

“Politics is a dirty game,” remarked a man seated at the public gallery of the House of Assembly yesterday as the apparently big shots of local politics and other election losers fell with a heavy thud from the race to the honourable house.

Former Minister Dumsile Sukati did not make it to the House as she got only 16 votes.

Former Senator Bella Khatamzi crashed out with a meagre nine votes.

Former Manzini North MP Maria Ntshangase watched from the public gallery as her political career vanished into thin air. She received only 10 votes. Siphofaneni based businesswoman, Thoko Gamedze was also one of the losers as she also amassed 10 votes.

Former Senator Isaac Shabangu’s look could have hurt even a fly passing across his face as he lost his honourable status.

Bomber Mthethwa, the Football Association chief, was also one of the losers.

Times journalist Senzo Dlamini is probably still wondering what has hit him as he saw his political career, which never was, vanishing into thin air.

For the whole day yesterday, the scribe was seen busy prancing around, lobbying legislators to nominate him. After the results, Dlamini’s eyes were as glossy as a wet floor and he was seen speaking to his MP Majahodvwa Khumalo about his fate. HM Stationery owner, Hezekiel Mabuza’s wishes of attaining an honorable status were also dashed.

Zabenguni Nxumalo, also known as DJ Bling, who lost the primary elections at Manzini North, also failed to secure a seat in Senate yesterday.

Other losers were bus owner Robbie Zeeman, former senator Mike Temple, former MP Maqhawe Mavuso and Vusi Ndlangamandla.

Link http://www.observer.org.sz/weekend/main.php?id=47583&section=mainweek

Swazi News

11 October 2008

MP Lutfo re-writes history books; nominates blind man into Senate

By SIHLE MAVUSO

LOBAMBA- History books were rewritten yesterday when former Minister of Enterprise and Employment and Ndzingeni elected MP Lutfo Dlamini successfully nominated a blind man into Senate.

Tom Mndzebele, the man who long dedicated his life to helping his fellow disabled persons, yesterday became the first visually impaired Member of Parliament beating hands down able and seasoned politicians who watched in dismay as their political careers went up in smoke.

Mndzebele’s victory was not an easy one though as the House had to go for a run off after a tie with another nominee Mister Bread boss Wayne Levandale with 16 votes.

It was then that Mndzebele proved too good for Levandale as he scooped 44 votes while Lavandale managed only 16.

His road to the august House was launched by the former minister who went out of his way to make it a point that the disabled community is at least represented in Parliament this time around.

MP Dlamini explained that from the time he joined elections in his constituency he appointed a visually impaired agent who at first was interested in joining the race, but as a result of the attitude of the people towards disabled he could not stand the heat.

The former minister said he made a promise that he would make it a point that in this Parliament they are directly represented. "I am happy with what I have achieved today," said MP Dlamini after seeing his nominee winning the tight race.

"This is the climax of my political career and really I thank the MPs who supported me in this mission," he said.

Struggles

MP Dlamini said he had been with Mndzebele in several struggles for the disabled persons and he realised the passion in him.

"This will not only do well for the disabled people, but it will also put this country in a good position in the region that we do recognise the disabled. Take for instance in Lesotho they have a blind Minister of Justice so really it was nothing for us to elect a blind man into Parliament," he said.

One of the MPs who was behind Mndzebele’s campaign, Timothy Myeni went out of his way during the elections run off to remind his colleagues that the Mndzebele they were talking about is a blind man.

Obviously this set the tone in the House as almost everyone realised the importance of having a man like Mndzebele in Parliament.

Mndzebele defeated the likes of former Senators Isaac Shabangu, Mike Temple, Former Mkhiweni MP Machawe Mavuso and his former Mangcongco colleague, Patrick Pha Motsa, Adam Bomber Mtsetfwa and many others.

... Blind man over the moon with joy

MABABANE- The fist visually impaired man to make it into Parliament, Tom Mndzebele, is over the moon with joy about his new job and it appears he can ‘see’ clearly now.

Mndzebele said he was so pleased when the news was broken to him that he was now a legislator after successfully ousting Mister Bread chief, Wayne Levandale in an election run off after they tied at 16 votes.

"I am so happy and I don’t know where to start in expressing the joy I feel about what has been done for me," said a modest Mndzebele in an interview last night. "This is not my personal achievement but for all the people who are disabled in the country," he said.

He explained that his focus would be advocating for equal opportunities for disabled people who in most cases are looked down upon in the country.

"I would like to thank MP Lutfo Dlamini for the courage he showed in taking up our issues and we hope that the other MPs would learn from him," he said.

Links http://www.times.co.sz/index.php?news=2107

WHO PAID MOST FOR A SENATE SEAT?

2008-10-21T09:42:00.002+01:00

Times of Swaziland

10 October 2008

Comment

Editorial

D-Day: Who paid the most?

Members of Parliament are today expected to elect a Speaker of the House and elect 10 members to serve as senators. A new system has been adopted where each member will have an opportunity to not only submit a candidate’s name, but also have time to motivate the submission.

To expect that this new system could bring about a better selection from the parliamentarians is only wishful thinking.

opportunity

It provides a good opportunity though for us to identify the people who support those we know to have pumped in lots of money for a Speaker and Senate seat.

People have been paid, very well, to get desperate wanna-be-politicians into parliament as demonstrated by the shooting down of MP Nonhlanhla Dlamini when she suggested they look at beefing up the House with professionals who had expertise in fields that were not represented in the House.

She rightly observed the shortage of the legal fraternity yet their job had a lot to do with formulating legislation.

Some MPs also questioned why they, and not the king, had to balance the gender scales because they had a lot of males to bring to parliament; well paying males no doubt.

unhelpful

While the Attorney General was unhelpful with regards to whether they could nominate people who lost in the primary or secondary stages, we would not hesitate to say yes, but not former ministers who have a proven track record of failure.

There are many capable MPs who were robbed by bribing ambitious politicians and therefore careful consideration of the names raised must be made.

As for those who came begging for a job when MPs gathered for a workshop yesterday, well, what can we say; that’s how cheap a parliament seat has become.

Link http://www.times.co.sz/index.php?news=2095

LOBBYING FOR SWAZI SENATE SEATS

2008-10-21T09:40:00.001+01:00

Swazi Observer

10 October 2008

Intense lobbying at MPs’ induction workshop

Stories by Njabulo Dlamini

THERE was intense lobbying for votes from MPs by some persons during the induction workshop for the legislators.

The individuals are hoping to be considered for Senate positions.

Even those who lost the elections were strongly canvassing for votes amongst the recently elected MPs who had converged at King Sobhuza II Memorial Park for the workshop organised by Parliament.

Mandla ‘DJ Nice’ Dlamini of Lobamba Lomdzala, who lost to Marwick Khumalo, was amongst those pleading with the legislators to consider him for a Senate position.

Another former MP who lost was Maria Ntshangase from Manzini South, who also held a brief caucus with some of the MPs pleading with them to elect her.

Apparently, she also approached Thandi Nxumalo, the MP for Manzini South whom she had a brush with recently over the results of the constituency.

Mkhiweni runner-up Gideon Dlamini is a favourite among MPs for nomination into senate. He also had a brief stint with the MPs but could not be allowed into the auditorium.

There was a strong presence of women who outnumbered the men seeking to be considered by the MPs for Senate positions.

In terms of the constitution, MPs are obliged to elect no less than five women for Senate, which is half the number of Senators to be elected by the House of Assembly.

After the election of 10 Senators by MPs, His Majesty King Mswati III will then appoint 20 persons into the Senate to join these.

Attorney General Majahenkhaba Dlamini took MPs through some parliamentary procedures such as election of Speaker and Deputy as well as on qualities of persons to be considered for Senate positions.

When Nonhlanhla Dlamini, Ludzeludze MP, called for profiling of the persons to be considered for the posts, she was booed by her colleagues.

Dlamini had said MPs should consider the profiles and academic achievements or otherwise of individuals for Senate positions such as legal background, after noting the deficiencies amongst them as MPs.

“We should elect persons who will add value to the legislature and nation,” she had said. But the likes of Aaron Dladla said they knew the qualities to look for on the candidates, dismissing the option of profiling them.

Today, MPs are to be sworn in and thereafter elect the Speaker and Deputy.

Link http://www.observer.org.sz/main.php?id=47559&section=main

PRAISE FOR SWAZI ELECTION CONDUCT

2008-10-21T09:33:00.002+01:00

Southern African News Features

Harare, Zimbabwe

Swaziland: Polls 'Peaceful, Transparent, Credible'

9 October 2008

Regional election observers to the recent parliamentary polls in Swaziland have praised the conduct of the elections and the high voter turnout.

The Southern African Development Community (SADC) Election Observer Mission (SEOM) described the 19 September elections as "free, peaceful, transparent and credible."

SEOM praised the "high turnout and gender equity in the electoral process," adding that there was a peaceful atmosphere and a high level of political tolerance.

The SEOM, headed by Mozambique's Minister for Diplomatic Affairs, Francisco Madeira, said that the elections reflected the will of the Swazi people.

"The mission is . pleased to congratulate the people of the Kingdom of Swaziland for the lesson of civility, good behaviour, mutual tolerance and, above all, for the tremendous efforts to reach the perfection as they embark on their gradual and challenging road for the entrenchment of democracy," Madeira said.

The SEOM praised the new Constitution (enacted in 2005) and other laws and regulations governing the electoral process in Swaziland, saying these fully comply with SADC Principles and Guidelines Governing Democratic Elections.

The regional mission made some observations about Swaziland's unique electoral system, noting that the electoral system is "unique in the sense that it is based on a community censored individual merit and unfolds in two tiers, the first of which SADC was not involved in because it was regarded as primary, and the second and final which SADC has just witnessed."

The SEOM added, "The voter's roll is also unique as it uses the Optimum Mark Recognition (OMR). This prevents potential double voting and non-existent voters."

The OMR is a system used during voter registration, where a voter identification card bearing a unique voter identification number is issued as proof of registration. The unique identifier can be used to facilitate future updates to the register.

The SEOM was dispatched on the leadership of Mozambique as current Deputy Chairperson of the SADC Organ on Politics, Defence and Security Cooperation. Swaziland chairs the Organ.

SADC sent a 30-member observer mission which was deployed a week before the elections and covered all provinces.

The mission noted that the vote counting was transparent as the candidates and their agents, foreign and local observers, witnessed the process.

The Pan-African Parliament (PAP) observer team said the elections were carried out within the legal framework of elections in Swaziland.

Candidates and voters were able to participate in the election in an atmosphere of peace and calm. The presence of police officers at polling centres was commendable as they kept law and order without any intimidation, according to a statement by PAP.

Head of PAP mission, Mary Mugyeny, who is also a Ugandan legislator, congratulated all stakeholders for their respective roles in the process.

"On election day, voting stations opened on time and the mission observed that operations within the stations were carried out efficiently and professionally by a sufficient number of polling staff," Mugyeny said.

She said in the areas covered by PAP observers, there were no incidences of "party agents disagreeing with the outcome of the counting and verification of the ballots and number of votes."

Mugyeny said the PAP findings were that the elections were conducted efficiently in a secure environment, and hailed the Swazi government for ensuring a 30 percent representation of women in the parliament.

PAP commended the use of the electronic voter's card and photographs in the voter's roll, which it said promoted transparency.

"Overall, the elections were free and fair," said the PAP mission, citing "a few small problems that need to be rectified in future elections."

PAP noted the problem of political parties, which were not permitted to contest in the elections. The Mission said these problems infringed on the rights of those citizens wishing to participate in elections through political parties and does not meet regional and international standards and principles for democratic elections.

Both missions urged all political parties and individuals to respect the will of the people and reminded that all concerns should be addressed in line with the laws of the country.

"The PAP Observer Mission would like to call upon all political stakeholders and peace-loving Swazis to accept and respect the outcome of the elections, since they are a culmination of the democratic process which is a reflection of the political will of the Swazi people," said the PAP statement.

The polls in Swaziland marked the third parliamentary elections in the region this year following those in Zimbabwe in March and Angola in September.

Link http://allafrica.com/stories/200810090545.html

TOO FEW WOMEN IN PARLIAMENT

2008-10-21T09:31:00.000+01:00

Times of Swaziland

8 October 2008

Disappointment as only two women appointed

By ARTHUR MORDAUNT

LOBAMBA – Yet again, acts of those in authority have been put on the spotlight regarding the implementation of the country’s constitution.

The latest involves the appointment of Members of Parliament to the House of Assembly by the king.

Constitutionally, His Majesty is supposed to appoint 10 MPs into the House to complement the 55 that are elected in the country’s constituencies.

Section 95 of the constitution states that the king, acting in his own discretion, after consulting with any bodies he may deem fit he will appoint not more than 10 members into the House.

Section 95 (2) (a) and (b) specifically states: "The nominated members of the House shall be appointed by the king so that at least half of them are female so as to represent interests, including marginalised groups, not already adequately represented in the House."

However, only two women were named in the list of the 10 appointees announced by Chairman of the Elections and Boundaries Commission (EBC) Chief Gija yesterday. These were Thulile Dladla and Princess Ncengencenge.

Interviewed, Chief Gija said theirs was only to announce the names as supplied by the appointing authority. Asked if there was any explanation given to them regarding the perceived anomaly, he said there was none.

"Presumably, we shall get an explanation in due course should there be any that is forthcoming," said the chairman.

The Co-ordinating Assembly of Non Governmental Organisations (CANGO) expressed its disappointment at the list.

CANGO Information Officer Bongiwe Zwane said they were expecting more since women did not fare well during the electoral process.

"We are hopeful though that there will be more women in Senate," said an optimistic Zwane.

CANGO was one of the organisations pushing the ‘Vote for a woman campaign.’

Constitutionally, the king is expected to appoint 20 Senators, eight of whom are supposed to be female. About 10 more will be nominated by members of the House of Assembly. Half of these should be female.

Link http://www.times.co.sz/index.php?news=2045

REPORT 'PARTYING' MPS

2008-10-21T09:26:00.000+01:00

Times of Swaziland

8 October 2008

Report partying MPs to the police, says AG

By WELCOME DLAMINI

MBABANE – Attorney General Majahenkhaba Dlamini has called upon citizens to report to the police any legislator they find throwing a party.

Dlamini said this would help bring the Members of Parliament before the law to answer on allegations of treating.

The AG said it was only the country’s courts that would help interpret the law, with regards to treating, to determine whether the legislators broke any rule or not in as far as the 1992 Elections Order is concerned.

"It is very difficult for one to draw the line between a party and a genuine thanksgiving ceremony, so we need the courts to interpret where we are supposed to draw the line regarding this issue," the AG said.

Dlamini said in the case of Lobamba Lomdzala MP Marwick Khumalo who threw a party on Sunday in celebrating his elections victory, anyone who witnessed the event and feels it was wrong should just go to the nearest police station to report the matter.

"We need such things to be on record so that they could be easily dealt with and if no one reports them then we have no guidance in the matter because there has to be a complainant first," the AG said.

Dlamini said people should not be afraid to come forward to register their concerns but they should also be wary that their hands are not dirty.

Dlamini said this in reference to section 63 (2) of the 1992 Elections Order which makes it an offence for voters themselves to partake in festivities hosted by legislators.

"Both the legislators and voters should not be party to any corrupt practice so the person who reports any wrongdoer should also have clean hands," the AG said.

Dlamini said such issues needed to be treated with caution because one person could be reporting someone to the police out of blatant harassment.

"People have their own grudges so we have to watch out for such people before we could take any action," the AG stated.

I broke no law by throwing party - Marwick

MBABANE – MP Marwick Khumalo has said there was no law he broke by throwing a party on Sunday.

The legislator said in all his years as a parliamentarian, he had been throwing parties of this nature as a form of thanksgiving.

"All other parliament-arians throw parties after an election to celebrate their victory and I see no problem with this as it is a way of saying thank you to the people," Khumalo said.

Khumalo said his party was a thanksgiving as he had invited priests who provided the day’s prayers to show that indeed this was a genuine thanks-giving ceremony.

The MP mentioned that his other colleagues would be throwing similar parties this coming weekend and he has been invited to attend them as he had also invited them to his.

Khumalo said the law only prohibited the throwing of parties on the actual day of the election but not after then.

"Maybe we should get a legal person who is going to give us a proper interpretation of the law so as to avoid any confusion," Khumalo said.

... guilty ones could be jailed for one year

MBABANE – Parliamentarians who throw parties could face a year in jail for throwing an illegal party for voters.

According to the country’s election laws, this is termed ‘treating’ and also carries a fine of two thousand Emalangeni upon conviction.

There have been concerns raised over Marwick Khumalo’s recent thanks giving party.

He slaughtered three cows for over 1000 people of his constituency in a thanksgiving ceremony held at Mpop- homa.

When contacted on the matter, chairman of the Elections and Boundaries Commission (EBC) Chief Gija Dlamini said there was nothing they could do regarding Khumalo’s party.

"As far as we are concerned, elections have come and gone, there is nothing that we could do," Chief Gija said.

The chief referred this newspaper to the office of the Attorney General where he said advice on the matter could be sought.

"The AG’s office is the one that could be of assistance as we also rely on them for guidance, especially on legal matters," Gija said.

KING APPOINTS TWO WOMEN TO HOUSE

2008-10-14T09:25:00.001+01:00

Swazi Observer

8 October 2008

King adds two more women to parly

By Sisho Magagula

THERE are now nine women in the House of Assemby.

This follows the appointment of two more women to join Parliament by His Majesty King Mswati III. These are Princess Ncengencenge and Thuli Dladla.

Princess Ncengencenge is a pastor, having been ordained at Jesus Calls Worship Centre in Matsapha in May this year.

Dladla is the Chief Executive Officer (CEO) of Sebenta National Institute.

Seven other female MPs were elected into the house by the electorate, and these include Hlobsile Ndlovu from Pigg's Peak, Esther Dlamini from Mbabane East, Trusty Gina from Nkilongo, Siphiwe Kunene from Mhlume, Nonhlanhla Dlamini from Ludzeludze and Jennifer Shiba from Timphisini.

The appointees were announced by Chairman of the Elections and Boundaries Commission (EBC), Chief Gija at his offices yesterday afternoon.

Section 81(1) of the national constitution provides that there should be at least 30 percent women representation in Parliament.

Other parliament appointments by the King are on the way in Senate. The King is expected to appoint 20 senators, says section 94(3) of the constitution. At least eight of these shall be women.

The House of Assembly must elect 10 senators, five of whom should be women.

Link http://www.observer.org.sz/main.php?id=47499&section=main

HIGH COURT ORDERS BALLOT RECOUNT

2008-10-14T09:22:00.001+01:00

Swazi Observer

8 October 2008

Recount ballot papers - Court order

By Sabelo Mamba

THE High Court has ordered a recount of ballot papers from Somntongo Constituency in the Shiselweni region.

Judge Stanley Maphalala issued the order following an application brought by an elections candidate, Sandile Nxumalo, who complained about irregularities during the secondary elections under the constituency on September 19.

Nxumalo had, however, applied for an order setting aside the secondary elections for the position of Member of Parliament (MP).

The parties were directed to file a report in court upon completing doing the recount.

The secondary elections under the constituency were won by Doward Sihlongonyane with a difference of 42 votes.

Mbuso Simelane, representing Nxumalo, submitted that the ballot boxes of Vimbizibuko polling station were not properly sealed on the side which houses the padlock .

He said during the counting, the electricity went off, thus there was complete darkness for at least 15 minutes.

Simelane alleged that counted ballot papers were thrown back at the table, thus double counted.

The lawyer also told the court that some officials of the Elections and Boundaries Commission disappeared with the boxes for at least 30 minutes on their way en route to the police station where they were to be kept.

"The returning officer refused to do a recount despite the problem associated with the ballot papers and the temporary darkness in the counting hall," he said.

Ticheme Dlamini, defending the Elections and Boundaries Commission (EBC), admitted that the polling officers ran out of sealing tape.

He argued that there was no need to seal the sides of the ballot boxes.

Dlamini explained that a recount is requested once the whole counting exercise had been completed.

"This means that the applicant should have made the alleged request for a recount after they had finished counting the ballot papers and not anytime sooner," he said.

Link http://www.observer.org.sz/main.php?id=47494&section=main