Times Of Swaziland: 16 TURNED BACK VOTERS CASE: 6 FUTI’S WORKERS - EBC

16 TURNED BACK VOTERS CASE: 6 FUTI’S WORKERS - EBC
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Kwanele Dlamini on 22/09/2023 06:59:00


MBABANE – The EBC says the voters who were turned back at Sigangeni during the
primary elections are all employees of Futi’s eatery.
The Chairperson of the Elections and Boundaries Commission (EBC), Prince
Mhlabuhlangene, alleged that the voters were driven in a seven-seater vehicle to
Sigangeni Polling Station by one Vusi Dlamini, who is their employer at Futi’s
eatery. Vusi was a Member of Parliament (MP) nominee at Sigangeni, under
Siphocosini Inkhundla. The consolidated list from the EBC reflected that the
overall MP candidate winner at the polling station was Witness Dlamini, with 440
votes. Vusi came second, with 432 votes.
Arrangements
In the EBC’s answering affidavit in the matter in which the turned back voters
are seeking an order, among others, that the EBC should make arrangements for
them to vote at Sigangeni Polling Station, Prince Mhlabuhlangene said even
though there were 16 applicants, the commission was aware of six who were
questioned at the polling station. He said the rest of them were unknown to the
EBC.
The six are Sanelisiwe Mncina of Nkhaba, Lindelwa Magagula of Mbabane,
Nomthandazo Shongwe of Siteki, Ntobeko Vilakati of Sigulaneni, Lungile Dlamini
of Mankayane and Nontsikelelo Mfuma of Malindza. The EBC chairperson informed
the court that the six voters admitted to being employed at Futi’s eatery and
that they were not residents of Sigangeni.
Questioned
Prince Mhlabuhlangene told the court that the voters also stated when questioned
that they were not registered to vote under Sigangeni Polling Station but they
were there to support Vusi, who is their boss. The other applicants are Roseta
Munro, Xolile Motsa, Simanga Sifundza, Hlobisile Bhembe, Sean Masilela,
Siphilangezwe Nhleko, Nosipho Mabuza, Noncedo Mkhonta, Seluleko Masuku and
Nomcebo Ndlovu.
On Tuesday, the High Court issued an interim order to the effect that the EBC
should make arrangements for all 16 of them to cast their votes. However, the
order is yet to be either confirmed or discharged, as the matter will be argued
on Monday before Judge Justice Mavuso. According to Prince Mhlabuhlangene, the
EBC noted that the applicants all stated that they were from Mbabane, and not
from Sigangeni.
“Further, the sixth respondent (EBC) is also disappointed by the act of the
applicants, because during the enquiry conducted by the sixth respondent, they
all clearly stated that they are not from Sigangeni area, but from different
areas and they also work for the fourth respondent, who is their employer at
Futi’s eatery.
“When the applicants were probed on why they decided to register for the
elections at Sigangeni area, they highlighted that they wanted to support their
boss, the fourth respondent.  They stated that they are only connected to the
fourth respondent, their employer, not Sigangeni. “The unlawful act by the
applicants of registering for elections at Sigangeni when in fact they do not
have any connection of that place in terms of the law cannot be ignored and it
is a criminal conduct under Section 33 (1) (a) of the Voters Registration Act of
2013.
Information
“They furnished the registration clerks with false information, leading to
their inclusion on the voters roll for the Sigangeni Polling Station under
Siphocosini Inkhundla,” explained Prince Mhlabuhlangene. The veracity of these
allegations is still to be tested in court. The applicants are represented by
Sidumo Mdladla of S.V. Mdladla and Associates. Principal Crown Counsel Ndabenhle
Dlamini appears for the EBC.
The EBC chairperson submitted that on August 30, 2023, the EBC was approached by
Vusi, who registered his complaint, due to an alleged denial of his purported
supporters to vote at the polling station. The Futi’s eatery owner, according
to the prince, also alleged that five of his special elections votes were
declared spoilt because they were found in the wrong ballot box - the indvuna
yenkhundla ballot box.
On August 31, 2023, the EBC issued its decision, and on September 5, 2023, Vusi
came back again to the commission’s offices. This time around, submitted the
prince, ‘to my surprise and dismay, he brought affidavits of the
applicants’.
“This is an extremely unprecedented move by the fourth respondent, more so
because it compromises the integrity of the elections, such that they will never
be free and fair under the circumstances. The law provides that every voter’s
vote is secret.
“The applicants, by giving the fourth respondent their affidavits to file with
the sixth respondent (EBC), has polluted the electoral process, such that in the
unlikely event that the order that is prayed for in this application is granted,
the sixth respondent will be rubber-stamping an election malpractice,” the
chairperson submitted.
Prince Mhlabuhlangene informed the court that the other 10 applicants who
appeared as applicants in the matter were not known to the commission as they
never registered their grievances that they were allegedly turned away at
Sigangeni Polling Station. Their affidavits, according to the prince, were as a
result, not entertained.
Enquiry
He told the court that pursuant to an enquiry that was conducted on September
13, 2023, the six voters, who are part of the applicants, were informed that a
report would be prepared by the commission and that they would be informed or
contacted when it was ready. Prince Mhlabuhlangene said a transcription of the
report’s record was still ongoing and he stated that two working days from the
date of conducting the enquiry, the applicants took the matter to court.
He submitted that it was extremely unreasonable for the applicants to have
expected that the enquiry report would be finalised within just two days. The
prince submitted that in actual fact, the applicants displayed an act of
dishonesty, because they concealed that an enquiry into their matter was being
conducted and it was pending before the EBC.
The EBC chairperson further argued that the matter was not urgent. He said the
urgency alleged by the applicants was self-created.
He said it took the applicants 23 days to bring the application to court and
they did not advance any explanation why they took almost a month to bring their
application to court. The prince pointed out that the applicants relied on the
upcoming secondary elections to be held on September 29, 2023 for their urgency.
The matter is pending at the High Court.