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.
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.
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.
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.
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.
