SWADEPA TAKES ‘STRUGGLE’ TO SUPREME COURT

MBABANE – Now that the 2018 election process is underway, SWADEPA, whose application to campaign on behalf of its members was dismissed, wants the Supreme Court to determine its appeal before the start of the campaigning period.

The Swaziland Democratic Party (SWADEPA) filed its notice to appeal yesterday. The party, which is represented by Leo Ndvuna Dlamini, also filed an urgent application at the Supreme Court on the same day.

SWADEPA is praying for an order that the appeal be heard not later than August 9, 2018. The political party filed its application notwithstanding that the High Court has not yet given its reasons for dismissing the application. There was also no indication as to when the reasons would be given.

The High Court application was dismissed by Judge Mumcy Dlamini, sitting with Judge Mzwandile Fakudze and Judge Ticheme Dlamini.
Among the party’s prayers at the High Court were that candidates for election to Parliament be allowed to publicly express their views, associate themselves with political parties and canvass for, and receive support and endorsement from political parties.

SWADEPA Secretary General Mbongiseni Shabangu, in his founding affidavit, said the basis for the urgent application was that unless the appeal court decided before the commencement of campaigning for elections next month, EmaSwati would not enjoy the benefit of free and fair elections as required by the Constitution.

“If the application is not determined before August 19, candidates for election to the House of Assembly and political parties would not be in a position to assert their constitutional rights,” said Shabangu.

He further submitted that if this was the case, the elections would be a shadow of the democratic process envisaged by the Constitution. Shabangu stated that this necessitated that their case should be heard as a matter of urgency.

SWADEPA wants to interdict the Elections and Boundaries Commission (EBC) and government from preventing political parties from sponsoring any of their members who are candidates for election to Parliament.

Shabangu said the aforementioned prayer and others pertain to the month during which campaigning for candidates for election is permitted. The campaigning period runs from August 19 to September 20, 2018.

“Put differently, if an appeal is not heard and adjudicated upon or before the campaign period begins, the appellants’ appeal, as of right in terms of Section 147 (1)(a) of the Constitution, would be rendered nugatory (insignificant).
“In the circumstances, the appellants have no option but to file their notice of appeal urgently, without waiting for the High Court to deliver its reasons,” said Shabangu.

According to Shabangu, the alleged lack of clarity regarding the role political parties may play in election-related activities may result in candidates who are political parties erring on the side of caution, as they allegedly did in the past.

He added that if political parties were not allowed to campaign on behalf of their members, it would weaken the candidates’ prospects for election into office. Shabangu also said many candidates would vote without knowing all the relevant information about candidates running for office.
The secretary general further said SWADEPA and other political parties would refrain from exercising their rights in fear of arrest and prosecution of their members.

“We seek to vindicate, protect and promote the basic and fundamental right to participate meaningfully and effectively in the elections, and if the appeal is not enrolled urgently, we will not be able to exercise such rights,” submitted Shabangu.

SWADEPA’s grounds of appeal which are contained in the notice of appeal, are that the court erred in holding that Shabangu and SWADEPA were not properly before court and that they lacked the right to move the application in that they were not identified in the prayers for an interim and the final relief.
Shabangu said the court ought to have found that in his personal capacity he was eligible to vote and to run in the 2018 elections, also as a member of SWADEPA in his representative capacity and office bearer.

Shabangu also mentioned that the court erred in holding that Tababe Dlamini, who is the third applicant and member of SWADEPA, who wishes to run for election, could not rely on the affidavit which was deposed to by the secretary general.

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