ENFORCEMENT GIVES ELECTIONS CREDIBILITY

Election time, the world over, is generally characterised by aggressive campaigns to garner votes and it can be brutal and dirty. Those of Eswatini are no exception on this front even without political parties allowed to run for Parliament seats.

The vocal guns are blazing with salvos taking flight from both sides of the political divide, setting us up for a more than normal war of words on the campaign trail. We can only urge that the sparring remains within the ring of words and not beyond, what with the widened tensions and divisions that have been wedged by the recent political impasse between the conservatives and the progressives; as well as the split progressive vote for and against a boycott of the elections.

The appetite seems to be rife with Chief Makhosikhosi not wanting to be left out of the ring by openly expressing his regret at voting for Mtsambama MP Simosonkhe Shongwe, whom he has accused of betraying the electorate. He (chief) described himself as a walking testimony of voting wrongly and warned the electorate against making a similar mistake this time around. The chief was speaking at a public function attended by Deputy Prime Minister Themba Masuku and other legislators at an end-of-term dissemination report and sensitisation of fire outbreaks and timber theft, which was hosted by Shiselweni Foresty.

He is not the only one, no doubt, as several constituencies have expressed the need for the power of recall to correct their ‘regrettable choices’, which the EBC has described as impractical given its vulnerability to abuse. A few days later, Cabinet representative and Housing and Urban Development Minister Prince Simelane also threw a salvo of his own, or should we say of his colleagues, advising people not to elect terrorists. This is the term Cabinet ministers have resolved to brand ‘the opposition’, ostensibly over the arson and violent attacks that blood-stained our political landscape.

Lives were lost and property destroyed. His critics are quick to say he started it all with his ‘fight fire with fire’ statement. Since then, threats of violence have become synonymous with all things politics. It’s fair to say, the latest utterances from the chief and the prince come at the backdrop of numerous verbal attacks on those supporting the establishment from the pro-change movement, which have been accompanied by calls to boycott the elections.

Exercise

This is where the referee, which is the EBC, using the Elections Act of 2013, should come in. It needs to ensure that the political sparring is within reason and does not exceed the boundaries of rendering the entire exercise free and fair. We all know that the effectiveness of any piece of legislation is determined by the enforcement of its provisions. The Elections Act of 2013 has, in previous elections, been found wanting in dealing with breaches or violations, especially with regard to alleged bribery and illegal campaigning.

These incidents were being reported almost on a daily basis but it would appear that the EBC was either reluctant or incapable of dealing with these incidents, until it became a free for all. The scapegoat for the EBC has always been the lack of proof that ‘will stand up in a court of law’. Will this change this time around? If I recall, a recommendation was made from the 2018 election to have a special team tasked with addressing complaints. There are quite a lot of possible transgressions to deal with as the legislation bars the use of foul language, incitement or calling for people to boycott the election.

Some of the sections read as follows:

42. (1) A person shall not, whether in a general or organized campaign, use any language −
(a) which constitutes incitement to public order, insurrection or violence
(b) which is defamatory or insulting or which contains incitement to hatred; or
(c) which seeks to excite or promote disharmony, enmity or hatred against any person.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding E5 000 or to imprisonment for a period not exceeding one year or both.

With all that has been said and done leading to the start of the election exercise, the EBC seems to have plenty of work cut out for it. That said, we are mindful of people’s right to free speech and the right to express the characteristics of the people they wish to entrust with their vote.
This may come at the cost of discrediting one over the other, thus providing plenty of work for the investigators to determine any malicious intent and ensuring that this right comes with a responsibility to respect the right of others to dignity.

Moves are afoot to amend our election laws to make them more effective. Two of these Bills have been passed by Members of Parliament (MPs) who rightfully complained about the delay in tabling them for debate.The onus is now on the EBC to ensure the Elections Act, 2013, as amended, is not just a piece of paper but a credible document with sections that are there to be used to instil credibility in the entire election. The mood at EBC seems to be one of ‘no-nonsense’ given the reported dismissals of all political party affiliated clerks. Will we see this stern action being extended to all transgressions of the Elections Act this year? We certainly hope so.

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