2-YR IMPRISONMENT FOR TELLING PEOPLE NOT TO VOTE

MBABANE – A Facebook post read: “X (name withheld) please continue misleading emaSwati to participate in the general elections.”

The post further read: “I want to warn you that we know where you stay as your place of abode is not far from the border gate. “Therefore, history will judge you harshly as you continue producing and releasing video clips that encourage people to participate in the elections.” The post summed it up: “Your children will spit on your grave (swearing).” Such threats were made by one of the popular political parties activist affiliated to the People’s United Democratic Movement (PUDEMO). He threatened a recognisable member of the Swaziland Liberation Movement (SWALIMO).

undemocratic

PUDEMO has declared that its members should not participate in what it described as an undemocratic parliamentary election. On the other hand, SWALIMO has indicated that its members were at liberty to exercise their right to vote or be voted into Parliament. They hope political activist-MPs possess the power and influence to dismantle the Tinkhundla System of Government. They say the fight against the country’s political system should come from within the Tinkhundla structures. While the ideological differences and misunderstandings may be accepted, the Times SUNDAY has been made aware of legal provisions that penalise threats and sabotaging of the elections. Section 78 (1) (c) of the Elections Act, 2013, states that a person shall not directly or indirectly, by oneself or by any other person do or threaten to do anything to the disadvantage of any person in order to induce or compel any person to do the following -
(i)     to register or not to register as a voter;
(iii)     to vote or not to vote;
(iv)     to vote or not to vote for any candidate;
(v)     to support or not to support any candidate; or
(vi)    to attend and participate in, or not to attend and participate in any election meeting, march, demonstration or other election event.
It is also stated in Section 78 (1) (a) that a person shall not directly or indirectly, by oneself or by any other person make use of or threaten to make use of any force, violence or restraint upon any other person. It is also a criminal offence in terms of Section 78 (1) (b) to inflict or threaten to inflict by oneself or by any other person or by any supernatural or non-natural means or pretended supernatural or non-natural means any physical, psychological, mental or spiritual injury, damage, harm or loss upon or against any person.

According to the provisions of the Act, no person shall prevent anyone from exercising a right conferred by this legislation. It is then stated in Subsection 5 that a person who contravenes any of the provisions of Subsections 1-4 (provisions stated above) commits an offence of undue influence. The Elections Act provides that a person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any voter commits an offence of undue influence. Therefore, this person shall on conviction be liable to pay a fine not exceeding E10 000 or imprisonment for a period not exceeding two years or both. This person also faces the fine or imprisonment if he or she compels, induces or prevails upon any voter either to give or to refrain from giving the person’s vote at any election.

Under the Voters Registration Act, 2013, undue influence, in terms of Section 36, carries a fine not exceeding 10 years or imprisonment for a term not exceeding one year or both. However, Section 33 of the Voters Registration Act provides that a person who uses force or threats to prevent another one from exercising his or her right to register as a voter is liable on conviction to a fine not exceeding E20 000 or to imprisonment for a term not exceeding two years or both.

Sabotage

Another legal provision that people should be made aware of is Section 79, which provides that publishing a false statement of the illness, death or withdrawal from election of a candidate is an illegal practice. “A person who, before or during an election, publishes a false statement of the illness, death or withdrawal from election of a candidate at that election for the purpose of promoting or procuring the election of another candidate, knowing that statement to be false or not believing it to be true, commits an illegal practice,” reads Section 79 (1).
Publishing false statement carries a fine not exceeding E20 000 or imprisonment not exceeding three years or both.

Election boycott

People who are calling for the boycott of the elections to an extent that they are determined to sabotage the voting should be wary of Section 85 of the Act. Section 85 provides that a person who without lawful authority destroys, mutilates, or removes a notice which is exhibited under the authority of this Act, or a document which is made available for inspection in accordance with this Act, commits an offence. It is provided that he or she is liable on conviction to a fine not exceeding E2 000 or, in default of payment of the fine, to imprisonment for a period not exceeding one year.

We will enforce law – cops

Chief Police Information and Communications Officer Superintendent Phindile Vilakati said they were aware of all the legislations on elections. She said police took an oath to serve the country by restoring peace and order wherein they enforced the law unselectively. The spokesperson said all laws that were in the country’s statutes were enforceable. The police’s spokesperson warned the nation to adhere to the laws governing the elections. “We are aware of the Voters Registration Act, mainly Section 33 and we can urge emaSwati to familiarise themselves with these laws as we, as the police, exist to enforce them,” she said.  

MSF differs

Sikelela Dlamini, the Secretary General (SG) of the Swaziland Multi-Stakeholder Forum (MSF), said while it might be considered illegal to induce someone not to vote, it, basically, depended on how the said inducement was being done. Dlamini said there was nothing wrong or illegal to influence people through campaigns such as road-shows, public statements, banners, speeches and other forums not to vote. The SG mentioned that it would be also wrong to tell people to vote if it was to be illegal to tell them not to vote because the political system does not meet international standards. “If I were to waylay people and hit them with a knobkerrie, becoming violent or killing them for voting may be considered illegal to do, but there’s nothing wrong if I use proper channels to influence people not to vote,” said Dlamini.

He said influencing people not to vote remains a constitutional right to freedom of expression and speech, adding that people are at liberty to analyse and form impressions about elections. The Elections and Boundaries Commission (EBC) has opened the registration for the elections to set up the 12th Parliament. Registration closes on June 14, 2023. Eswatini News reported yesterday that over 10 000 people registered for the elections within two days.

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