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).
MBABANE – Over 2 000 registered voters did not vote at Kwaluseni Umphakatsi during the primary elections.
The figures were revealed by the report compiled in the Deputy Registrar of the High Court, Thandi Maziya, in the case where former Kwaluseni MP Sibusiso Nkhambule is being challenged by about 38 voters.
The report reflects that 3 700 voters were registered at the polling station and only 1 486 voted during the primary elections.
This gives a difference of 2 214 voters who did not participate in the primary elections.
This data is also contained in the founding affidavit of Sibusiso ‘Mabhanisi’ Dlamini who is challenging the results of the elections.
According to Dlamini, the reason such a high number of people did not vote is inefficiency on the side of the EBC.
Dlamini alleges that the EBC did not provide enough ballot papers and as such voters were turned back.
"I submit further that the respondent has rendered the whole exercise a sham, as he should have printed at least over 4 000 ballot papers.
The respondent should have considered the number of people who registered and ballot papers that would be spoilt," said Dlamini.
This, according to Dlamini, deprived him a reasonable number of votes as voters did not vote because ballot papers were finished.
The court on Tuesday ruled that Thandi Maziya should conduct a recount of the votes and see if there were ballot papers left after the voting process.
The matter will return to court tomorrow for deliberations on the report.
‘... set results aside’
MBABANE – Sibusiso Nkambule’s rival in the primary elections, Sibusiso ‘Mabhanisi’ Dlamini has taken a different route to have the elections restarted.
After withdrawing his initial application at the High Court, Dlamini has since re-filed papers demanding that the results be set-aside.
Dlamini is leading 38 voters in the case against the EBC and the eventual winner Sibusiso Nkambule. He is cited as the first applicant in the filing notice.
This is despite that Dlamini was nominated for the parliamentary seat and initially stood for the race in the primary elections.
He was defeated by Nkambule with a margin of seven votes.
In the new papers filed, Dlamini has also included his founding affidavit, which is similar to the one he filed in his first application.
It is, however, not clear if Dlamini, in the new application is also alleging that he was denied the right to vote or not.
In the papers filed by Dlamini and the 38 others they are seeking an order directing the EBC to set-aside the results and restart the elections.
Kwaluseni impasse far from over?
MBABANE – The Kwaluseni constituency election impasse seems to be far from over as the High Court has ruled that the case be postponed to tomorrow for argument. This follows another ruling by Justice Jacobus Annandale on Tuesday ordering that a recount of the votes to be done.
Thirty eight voters have taken former MP Sibusiso Nkambule and the EBC to court for irregularities in the election process.
The purpose of the recount as ordered by the judge is to determine if any voting papers were left over after the primary elections.
A report has since been compiled by Deputy Registrar of the High Court Thandi Maziya and was presented to the Judge and counsels yesterday.
In a session held at the judge’s chambers, Justice Annandale ruled that the matter be postponed to tomorrow to allow him to acquaint himself with the papers.
The judge wanted to give counsels time to prepare their heads of arguments.
It was also established that the Judge demanded that a book of pleadings be prepared and attached to the case file in order to smooth the wheels justice in the case.
"The general view is that there were no ballot papers left," submitted Maziya in the report.
The applicants are contesting that lack of ballot papers was the only reason they were not allowed to vote.
The respondents, however, dispute this on the allegations that the applicants were not at the polling station on voting day.
This, according to Justice Annandale, necessitated the recount of the ballot papers and a thorough inspection to see if there are unused papers left during the voting process.
Appearing for the applicants is Professor Msibi whilst Mangaliso Nkomonde appears for Nkambule and Ticheme Dlamini for the EBC.
MBABANE – It is now 38 voters who have filed papers at the High Court challenging aspiring Kwaluseni Member of Parliament Sibusiso Nkambule’s primary election win.
When the matter first came to court about 17 voters had filed their confirmatory affidavits in respect of the matter against Nkambule.
Now these voters are calling for the elections held at Kwaluseni Umphakatsi to be declared illegal, irregular, and not free and fair.
In session held at the judge’s chambers yesterday, Justice Jacobus Annandale ordered that a recount be done to determine the correct figure of votes accumulated.
The recount was done at the EBC offices in Nkhanini immediately and a report is expected to be presented before the Judge today.
Monitoring the recount for the court was Thandi Maziya.
Amongst a host of allegations, the applicants claim that on the day of election they were turned back on the basis that elections had been closed thus denied their right to vote.
They further brought it to the attention of the court that they had already left when it was announced that elections will continue the next day.
They allege that the announcement was only heard by those who were ‘lucky’.
Nkambule in his answering affidavit, contests that the applicants have failed to implicate him or any of the respondents as the one who turned them back.
Nkambule further brought it to the court’s attention that it was improbable that the applicants left the polling station without hear- ing the announcement because it was made to all those who were present.
When the matter first came to court, about 17 voters had file their confirmatory affidavits in respect of the matter against Nkambule.
It first appeared before Justice Mbutfo Mamba and was postponed to allow the parties to file and serve their papers.
Appearing for the applicants is lawyer Professor Msibi, whilst Nkambule is represented by Nkomonde Attorneys law firm.
A total of 666 votes were not accounted for during the primary elections at Mbabane East.
Mduduzi Mabila informed High Court Judge Qinisile Mabuza that the serious discrepancy was reflected in a supplementary report prepared by Registrar Lorraine Hlophe.
Mabila explained that the report was prepared following a directive by Judge Jacobus Annandale.
Justice Annandale had ordered the Elections and Boundaries Commission to bring the ballot papers to court for inspection or verification purposes.
The order was issued following an application by an aspiring Member of Parliament Alfred Mndzebele to the effect that the seal on the ballot box had been tampered with.
Mabila submitted that the serious discrepancy was an indication that the elections at Mbabane East were not free and fair. He said there was a gross irregularity, adding that the contentious 666 votes did influence the results. "It is clear one of the parties did benefit from the 666 votes," he argued. Ticheme Dlamini, representing the EBC, said the Registrar withdrew the supplementary report, hence the court should not consider it.
However, Mabila argued that the report could not have been withdrawn without the order of the court. The court was informed that the Registrar (Hlophe) had delegated her duties to senior court official, Musa Shongwe during the inspection of the ballot papers.
Justice Mabuza subsequently ordered a re-inspection (verification) of the ballot and a report be brought to court today.
Esther Dlamini, who was the ultimate winner during the primary elections, is defended by Mandla Mdluli.
AN application against Minister of Agriculture and Co-operatives Mtiti Fakudze, who won the primary elections at Mdumezulu chiefdom, was yesterday withdrawn at the High Court.
The application was withdrawn by Professor Msibi, representing aspiring MP Joel Dlamini, who also tendered costs.
Msibi could not reveal his client's decision for dropping the application.
Dlamini was seeking an order declaring the primary elections at Mdumezulu chiefdom invalid on the grounds that the minister unlawfully campaigned using government tractors. Maphalala, who is representing the minister and two others, told Judge Qinisile Mabuza that his instructions were to apply for the dismissal of the applicant with costs at a punitive scale. Maphalala said such was a clear case of forgery or fraud in that the second and fourth applicants denied having signed the confirmatory affidavits before court.
"It is against this background that my client is applying for the dismissal of the application with costs," he said.
"The Commissioner of Oaths also indicated that the confirmatory affidavits were never signed in his presence. This is a fatally defective application bordering on perjury, forgery and fraud. This is a very serious matter."
Justice Mabuza subsequently dismissed the application with costs at a punitive scale.
Dlamini, in his affidavit, had argued that the elections for the chiefdom were not free and fair since Fakudze who is still a cabinet minister used government tractors and other agricultural machinery as a form of campaign.
Dlamini said as a result there were a lot of tractors parked at strategic points at the constituency to convince voters that he was the obvious choice "who has the means of production."
He says the elections were also irregular in that on August 18, 2008 before the primary elections date, an illegal political meeting was held at Dvokodvweni Constituency.
Dlamini alleged that members of the community were invited for a presentation on opportunities to start development projects funded by some unspecified donors.
He said the donors were allegedly obtained through the efforts of the current government in which Fakudze was a cabinet minister.
The applicants Dlamini (Joel), Masiko Dlamini, Mathokoza Ntjalintjali and Mathukuthela Mkhabela were represented by Msibi. Maphalala is appearing for the minister, Sikhumbuzo Mkhabela and Gegela Ncaba Dlamini.
