Times of Swaziland
17 June 2008
S’gayoyo withdraws elections bill in Parly
BY ARTHUR MORDAUNT
LOBAMBA – It appears the controversy around the elections law is far from over as, yet again, an election law has been withdrawn in Parliament.
This time, the Elections and Boundaries Commission (EBC) Bill, 2008 was withdrawn in Senate before it was tabled.
The Bill was withdrawn by Public Service and Information Minister Sgayoyo Magongo who was standing in for the incumbent minister, Prince David.
Magongo did not give an explanation for the withdrawal but simply apologised to the Senate President, Gelane Zwane and said he was withdrawing the bill pending certain consultations he had to make. He did not specify the type of consultations and where he was going to make them.
Before withdrawing the bill, Magongo first tabled two other bills from the same ministry. When it was time to table the EBC Bill, however, Magongo held a brief chat with Foreign Affairs and Trade Minister Mathendele Dlamini.
apologies
Zwane had to call him again before he rose and made his apologies.
In an interview after the sitting, Magongo said Prince David had not briefed him on whether he should table the bill or not.
He said he was yet to consult with the prince and if he gave the go ahead, the bill would be tabled tomorrow.
This is not the first time the bill has been withdrawn. The first was about a month ago when Prince David personally withdrew the bill in the House of Assembly. He did not give reasons.
At the time, he withdrew the bill together with two other elections Bills (the Voters Registration Bill and Elections Bill).
He withdrew them after a fierce debate from the legislators who felt that they were being taken for granted. They said the minister was only bringing the bills to Parliament for formality’s sake as the EBC was already working yet the law empowering them to do so was being tabled by the minister on that day.
It is not clear how the bills would be brought back to Parliament as the Standing Orders stipulate that a withdrawn bill cannot be brought back within the same session. However, the tricky part now is that this is the last session of the 8th Parliament and the withdrawn laws are for conducting the next elections to be held between July and August.
Showing posts with label Lawyers for Human Rights. Show all posts
Showing posts with label Lawyers for Human Rights. Show all posts
Tuesday, June 17, 2008
Monday, June 16, 2008
ROW OVER SWAZI ELECTION LAWS
Times Sunday
18 May 2008
LIQOQO SUMMONS JUSTICE AND CONSTITUTION AFFAIRS MINISTER OVER ELECTION LAWS
How do you explain these provisions? – David asked
BY SIBONGILE SUKATI
Mbabane – Justice and Constitutional Affairs Minister, Prince David, was on Monday ordered to appear before Liqoqo (King's advisory council) to explain certain provisions in the Bills regulating the elections in the country.
Sources in the ministry of Justice said the minister spent the better part of Monday explaining to the Liqoqo (formerly Swazi National Council) why certain clauses were included in the draft Bills.
Majority
The meeting took place at the Lozitha Royal Palace and a majority of the Liqoqo members were present including former Prime Minister Sibusiso Barnabas Dlamini.
Sources close to the matter said Labadzala were not pleased with some of the provisions of the Elections Bill and felt that it gave the Elections and Boundaries Committee (EBC) powers that they should not have.
Two weeks ago, in Parliament, Prince David hastily withdrew the Voters Registration, Elections as well as the Elections and Boundaries Commission Bills without giving any reasons to the legislators of the withdrawal.
The minister was supposed to table the Bills in parly but when his turn to do so came he withdrew them.
Before his actions there had been a debate in the House of Assembly on why the minister was supposed to table the Bills when the EBC had already announced the dates for the start of the elections registration, tomorrow (May 19, 2008).
The registration will run until June 22,2008 confirmed chairman of the EBC, Chief Gija on Friday.
According to our sources Labadzala sought clarification on provisions in the Bills that give the EBC powers to announce election dates and even be able to postpone election dates.
Mandate
It would seem the higher authorities felt that only the king as the head of state should have the mandate of announcing such important dates.
Our sources further told this publication that Prince David was instructed to return to the king's advisory council sometime this week with the officers from the Attorney General's office who 'helped draft this Bill'.
Our sources informed us that Gcinaphi Mndzebele and parliamentary draftsman Sabelo Matsebula were just some of the officers who took part in the drafting of these Bills.
Contacted for comment Liqoqo Secretary Bheka Mabuza confirmed that the minister, Prince David had met with the committee last Monday.
Discuss
"We met with the Minister of Justice as is the norm that we meet with ministers from time to time to discuss matters of the state," said Mabuza.
When pressed what the matters of state were Mabuza repeated his earlier statement and said 'just matters of state'.
He refused to comment any further.
Prince David when contacted last night refused to comment stating that he had already made a comment to another reporter.
During the debate in Parliament, MPs expressed their anger at the Prince and Prime Minister Themba Dlamini saying that they were being taken for granted.
The MPs wanted to know who had given the EBC the right to announce the dates for voter registration when the law allowing them to do so was still to be debated in Parliament.
Maseyisini Member of Parliament Magwagwa Mdluli said even the legislation that put the EBC in place and gave it its terms of reference was still to be debated in the House.
To the legislators it was already a foregone conclusion that they were expected to pass the law, hence the EBC had gone ahead and announced the election registration dates.
Necessary
Legal experts advised the Times SUNDAY that the Bills were necessary so that they can be in line with the constitution.
The 1992 law provided for the Chief Electoral Officer and his Deputy whereas the constitution now speaks of the EBC.
18 May 2008
LIQOQO SUMMONS JUSTICE AND CONSTITUTION AFFAIRS MINISTER OVER ELECTION LAWS
How do you explain these provisions? – David asked
BY SIBONGILE SUKATI
Mbabane – Justice and Constitutional Affairs Minister, Prince David, was on Monday ordered to appear before Liqoqo (King's advisory council) to explain certain provisions in the Bills regulating the elections in the country.
Sources in the ministry of Justice said the minister spent the better part of Monday explaining to the Liqoqo (formerly Swazi National Council) why certain clauses were included in the draft Bills.
Majority
The meeting took place at the Lozitha Royal Palace and a majority of the Liqoqo members were present including former Prime Minister Sibusiso Barnabas Dlamini.
Sources close to the matter said Labadzala were not pleased with some of the provisions of the Elections Bill and felt that it gave the Elections and Boundaries Committee (EBC) powers that they should not have.
Two weeks ago, in Parliament, Prince David hastily withdrew the Voters Registration, Elections as well as the Elections and Boundaries Commission Bills without giving any reasons to the legislators of the withdrawal.
The minister was supposed to table the Bills in parly but when his turn to do so came he withdrew them.
Before his actions there had been a debate in the House of Assembly on why the minister was supposed to table the Bills when the EBC had already announced the dates for the start of the elections registration, tomorrow (May 19, 2008).
The registration will run until June 22,2008 confirmed chairman of the EBC, Chief Gija on Friday.
According to our sources Labadzala sought clarification on provisions in the Bills that give the EBC powers to announce election dates and even be able to postpone election dates.
Mandate
It would seem the higher authorities felt that only the king as the head of state should have the mandate of announcing such important dates.
Our sources further told this publication that Prince David was instructed to return to the king's advisory council sometime this week with the officers from the Attorney General's office who 'helped draft this Bill'.
Our sources informed us that Gcinaphi Mndzebele and parliamentary draftsman Sabelo Matsebula were just some of the officers who took part in the drafting of these Bills.
Contacted for comment Liqoqo Secretary Bheka Mabuza confirmed that the minister, Prince David had met with the committee last Monday.
Discuss
"We met with the Minister of Justice as is the norm that we meet with ministers from time to time to discuss matters of the state," said Mabuza.
When pressed what the matters of state were Mabuza repeated his earlier statement and said 'just matters of state'.
He refused to comment any further.
Prince David when contacted last night refused to comment stating that he had already made a comment to another reporter.
During the debate in Parliament, MPs expressed their anger at the Prince and Prime Minister Themba Dlamini saying that they were being taken for granted.
The MPs wanted to know who had given the EBC the right to announce the dates for voter registration when the law allowing them to do so was still to be debated in Parliament.
Maseyisini Member of Parliament Magwagwa Mdluli said even the legislation that put the EBC in place and gave it its terms of reference was still to be debated in the House.
To the legislators it was already a foregone conclusion that they were expected to pass the law, hence the EBC had gone ahead and announced the election registration dates.
Necessary
Legal experts advised the Times SUNDAY that the Bills were necessary so that they can be in line with the constitution.
The 1992 law provided for the Chief Electoral Officer and his Deputy whereas the constitution now speaks of the EBC.
Sunday, June 15, 2008
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