CHARLES MYEZA ALSO JOINS RACE

KAPHUNGA – Charles Myeza, who was in the company of his lawyer Leo Gama at the nomination centre, is in the run for a parliament seat elections against outgoing Khubuta MP Njabulo Mabuza among others.  

The former Khubuta Member of Parliament (MP), who alleged that Judge Ticheme Dlamini portrayed a shallow understanding of constitutional issues when the court declared that he does not qualify to join the elections race this year, was nominated at Kaphunga Umphakatsi on Saturday. Other contenders against Myeza apart from Mabuza included, but not limited to, Dumsani Mavimbela, Amos Msibi, Miriam Mamba, Robert Shabalala, Musa Zwane, Mandla Mamba, and Mathoko Mdlovu together with Phonyo Nkabindze. It should be clarified that these are not all the candidates running for MP at the Khubutha Constituency, which has six chiefdoms namely: Ezishineni, Kaphunga, KaNdlovu, Ngobelweni, Nhlalabantfu and Kholwane.           
Asked why he was at the election centre, Gama said he had come to monitor the nomination process. 

When quizzed about his nomination yesterday, Myeza preferred to entertain or answer any further questions after certain processes had been completed. On Wednesday, the High Court judge said Myeza would qualify for nomination, as provided for in Section 31(8) (d) of the Elections Act, in June 2022. According to Judge Dlamini, a period of five years had not elapsed since Myeza was released from prison where he was serving a sentence of five years for defrauding government a sum of about E600 000. Myeza filed a notice to appeal on Friday and he stated that Section 31(8) (d) of the Elections Act had the effect of discriminating against convicts which could not be justified by any legitimate government purpose. The former MP mentioned that the judge did not recognise that the five-year period in the provision was allegedly grossly unfair and had the effect of limiting or removing the right to vote.

According to Myeza; “the court a quo erred in law as he portrayed no deep understanding of constitutional issues and decided the matter on superficial principles of interpretation of statutes devoid of deepened reasoning on the sanctity and legal theory behind the right to vote in a democracy.” In his prayers, Myeza also wanted the court to declare that he is eligible to join the elections and to declare Section 31(8) (d) of the Elections Act of 2013 as unconstitutional and inconsistent with Sections 96 and 97 of the Constitution. According to Section 31(8) (d); ‘Where the candidate has at any time been under a – (i) the Prevention of Corruption Act of 2006, (ii) Prevention of Organised Crime Act, (iii) Sexual Offenses and Domestic Violence Act and (iv) any other offence under the fourth and fifth schedules of the Criminal Procedure and Evidence Act of 1938, cannot stand for elections unless five or more years have passed since their release from prison.

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