ELECTION BOARD IS LEGAL - COURT

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

COURT ASKED TO DECLARE POLL VOID

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

HIGH COURT ORDERS BALLOT RECOUNT

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

'WINNING MP GAVE PEOPLE BREAD'

Swazi Observer

8 October 2008

Chief Gija neutral in ‘No Problem’ case

By Sabelo Mamba

CHAIRMAN of the Elections and Boundaries Commission Chief Gija Dlamini has taken a neutral position in an elections case in which newly-elect Mtsambama Member of Parliament Bheki ‘No Problem’ Mkhonta is being challenged at the High Court.

In his answering affidavit, Chief Gija said he had considered the application brought by aspiring MPs Mlamuli Dlamini and Teddy Mavuso, who are seeking an order disqualifying Mkhonta for alleged malpractice.

The EBC chairman says he had come to the conclusion that he does not wish to participate in the case, but would abide by the decision of the High Court.

“An aspect of the matter in which the second respondent (EBC) reserves its right to be heard by the court, relates to the alternative prayer for setting aside and nullifying the secondary elections for Mtsambama Constituency held on September 19, 2008 and also a prayer seeking to direct a re-election to be conducted,” he explains.

In the court application, Dlamini (Mlamuli) claims that Mkhonta hired a van loaded with white and brown loaves of bread, which he distributed to the community during a campaigning exercise.

He argues that such act was in contravention of the Constitution and Elections Order, 1992.

Dlamini alleges that the soccer administrator did not only supply people with bread, but went to the extent of giving traditional leaders and other voters a lot of money.

He argues that the elections were neither free nor fair.

Dlamini also contends the elections were fraught with Mkhonta’s malpractice.

“I submit that in the circumstances the first respondent (Mkhonta) is liable to be disqualified from the elections in terms of the nature and repeated malpractice,” he says.

Dlamini is being represented by Titus Mlangeni.

The case will be heard tomorrow.

Link http://www.observer.org.sz/main.php?id=47485&section=main

POLL IRREGULARITIES GO TO COURT

Swazi Observer

7 October 2008

Ntfonjeni MP elect challenged in court

By Sabelo Mamba

NEWLY-elected Member of Parliament at Ntfonjeni Constituency Henry Dlamini is being challenged by aspiring MPs from six chiefdoms at the High Court.

They are Mphumelelo Ngwenya (Ntfonjeni), Henry Dlamini (Mshingishingini), Lomagiwa Magagula (Lomshiyo), Sithembiso Dlamini (Mvembili), Maqhawe Gama (Vusweni) and Mazubane Dlamini (Hhelehhele).

They are seeking an order declaring the secondary elections conducted at Ntfonjeni Constituency on September 19 null and void.

Ngwenya, in his affidavit, complains about the manner in which ballot boxes were handled after the voters had casted their votes.

He argues that the ballot box for the Vusweni Polling Station was not closed and sealed after the election process.

"It was only sealed in Pigg's Peak which is more than 25 km away," he argues.

"This violates the elections process in that, there is no transparency in that a lot could have happened whilst the box was being conveyed from Vusweni to Pigg's Peak, because it was not sealed.”

He further alleges that a total of 42 votes were not accounted for.

Ngwenya also says the ultimate winner before nomination could take place visited Mshingishingini Pentecostal Church where Henry Dlamini (second applicant) is a pastor.

"He asked (winner) the church committee to help him convey a message to church members to vote for him during the forthcoming elections and he paid E2 000. His agent, Sacolo, was sent to bribe the same church with an additional E2 000," he alleges.

Caleb Motsa is appearing for the applicants while S'dumo Mdladla is defending the newly-elected MP.

The matter will heard to tomorrow.

http://www.observer.org.sz/main.php?id=47467&section=main