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MKHULULI GETS GREEN LIGHT TO APPEAL EBC DECISION

05/08/2023 07:59:00 Kwanele Dlamini

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MBABANE – The High Court has granted outgoing Senator Mkhululi Dlamini leave to appeal the decision of the EBC to remove his name from the voters roll.

The order was granted by Judge Justice Mavuso yesterday. Dlamini approached the court after he was dissatisfied with the Elections and Boundaries Commission’s (EBC) decision to remove his name from the Othandweni Primary School Polling Station voters roll. He applied for leave to appeal the decision of the EBC in terms of Section 18(5) of the Voters Registration Act No.4 of 2013.

He argued that the EBC removed his name from the voters roll without a valid objection being lodged in terms of Section 18(2). Dlamini told the court that the EBC based its decision on an alleged objection received by itself on July 22, 2023, when in actual fact the voters’ verification was closed on July 12, 2023. He said the effect of that was that the names which appeared on the voters roll were final. By taking the decision to remove his name, Dlamini said the EBC misdirected itself. He further argued that the EBC took the decision without his side. He said the EBC misdirected itself by not including his name on the list of nominees for Member of Parliament (MP) position.

In a letter the commission wrote to Dlamini, it informed him that it received an objection to the inclusion of his name in the voters’ register under the Siphofaneni Inkhundla in terms of Section 18 of the Voters Registration Act No.4 of 2013. The objection, according to the EBC, was on the basis that Dlamini was not a resident of the area at which he was registered. It was further brought to his attention that, in line with Section 18(3) of the Act, the commission was empowered to review registration objections from voters.

In his application in court, which he filed under a certificate of urgency, Dlamini wanted the High Court to direct EBC to transmit to the registrar of the High Court its decision taken on July 2022, in terms of Section 19 (1) of the Voters Registration Act No.4 of 2013. “The current year is a year for holding national (general) elections and a prerequisite to participating in the general elections is that one must register under the polling station and Inkhundla wherein he or she wishes to participate,” he narrated.

He highlighted that, in order to be eligible to register in a particular polling station, one must meet a certain criteria, which includes being an adult citizen or ordinary resident of not less than 18 years; have a homestead within the area; have resided in that area for a continuous period of at least three months and have a business under the chiefdom or area. Dlamini stated that, during the registration exercise, he was registered to participate at Maphilingo Chiefdom under Siphofaneni Inkhundla.

“I state that I am a member of the Maphilingo community as I have a homestead thereat having acquired land sometime in July 2022 and having established my homestead sometime in July 2022. Ever since I established my home at Maphilingo, I have been residing in that place continuously and I continue to reside there,” he averred.

Dlamini told the court that he sometimes visits his other homesteads on a regular basis. He related that after he had registered under Maphilingo Chiefdom, and he also verified with the EBC if his registration was allowed, the response was positive. He stated that during the voters roll registry verification, he went to verify if his name appeared under Maphilingo Chiefdom, and he found it to be there. He said the voters registry verification was closed on July 12, 2023, and no one had objected to his name being included in the voters roll under Maphilingo Chiefdom. He submitted that on July 22, 2023, together with other residents of Maphilingo, they assembled at Othandweni Primary School Polling Station as it was nominations day.

Dlamini highlighted that he was nominated to stand for the elections as a Member of Parliament (MP) and he was the first nominee. He told the court that he duly accepted the nomination and those who supported him started queuing behind him to fill in the nominations form in his support. The outgoing senator also submitted that his name was verified in the voters roll and it was found to be there. Dlamini said he was thereafter informed that he was eligible to stand for the election. “I state that soon thereafter, a certain Mr Mndzebele, who is a member of Maphilingo Chiefdom, stood up and started shouting that I am not a resident of Maphilingo and, therefore, would not allow me to be nominated,” said Dlamini.

He told the court that this was despite the fact that he participated in the nominations exercise since it started. Mndzebele, according to Dlamini, became rowdy and violent to the extent that there was confrontation between him and other residents who were disagreeing with him. The outgoing senator mentioned that he enquired from the officers of the EBC if there was any objection that was lodged against him and he was informed that there was none.

He submitted that Mndzebele continued to make noise to the extent that EBC officials stopped the nominations and left. “Around midnight on July 22, 2023, he received a phone call from an officer from EBC informing him that the commission had heard a report about nominations at Maphilingo and advised me that it was still to meet to deliberate on the report but I should be ready to re-participate in the nominations exercise, I was also called by the station commander on July 23, 2023, to record a statement of what has happened,” narrated Dlamini. Dlamini was represented by Mzwandile Dlamini of M.S. Dlamini Legal in Manzini.