ELECTIONS, VOTERS REGISTRATION BILLS PASSED INTO LAW

MBABANE – It has been confirmed; votes will now be counted at polling stations, following that the much anticipated Elections (Amendment) Bill 2023 and the Voters Registration Bill 2023 have officially been enacted into law.

The two pieces of legislation were tabled, debated in the 11th Parliament and got first to third reading from the Minister of Justice and Constitutional Affairs, Pholile Shakantu. Their enacting into law was communicated through different gazettes, dated August 8, 2023, assented to by His Majesty King Mswati III. The Elections Act 2023 is an Act to amend the Elections Act No. 6 of 2013, as to provide for the promotion of transparency, equity and credibility in the elections process and extension of special voting to other classes. The Voters Registration Act, 2023 is an Act to amend the Voters Registration Act No. 4 of 2013, to provide for continuous registration, revision of voters register, burden of proof in case of objections and incidental matters.

Nominated

Enacting the Elections Bill into law means it is now official that bucopho nominated persons will know their fate in the secondary elections, rather than the primary elections, as the case was before. Section 7 of the principal Act was amended by inserting a new section immediately after Section 7, as follows; following acceptance of nomination, a candidate for bucopho shall proceed to be elected at the secondary level. Another outstanding amendment was in Section 64 of the principal Act, which was amended by replacing Subsection (1) with a new Subsection (1), as follows; the presiding officer after examining the election material shall make arrangements for counting of votes in consultation with returning officer, ensure that the ballot papers are unfolded with their backs facing upwards and shall proceed with counting of the votes at the polling station.

This means that the votes will not be taken to one centre for counting but the counting shall proceed at the polling station. Highlights of the amendments in the Voters Registration Bill include that there will be no role for competent witnesses (imisumpe) in the next election year, that is 2028.

This is in respect to Section 13 of the principal Act, which was amended by deleting Subsections (2) and (3) and replacing them with a new subsection, as follows; where registration takes place at umphakatsi, urban or industrial areas, a person applying for registration as a voter shall produce either (a) documentary proof of Eswatini citizenship and residence in Eswatini or (b) in the case of a foreign national, documentary proof of permanent residence issued under the immigration laws and document and proof of ordinary residence issued by a chiefdom or polling division under the inkhundla of residence. The enacting of the Bills into law, particularly the Elections Act, 2023, will give much wanted clarity to some of the electorate, who were wondering what law was being used in the ongoing national general elections, because the Bill had not yet got assent.

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