ELECTIONS CASE: MKHULULI RAISES E200 000 SECURITY FOR EBC COSTS

MBABANE – The money is ready!

In his quest to participate in the 2023 General Elections, outgoing Senator Mkhululi Dlamini has raised the amount E200 000 security for costs required by the Elections and Boundaries Commission (EBC). The EBC wants Dlamini to avail the money, in terms Section 19(3) of the Elections Act of 2013, before his appeal against its decision to remove his name from the voters roll is heard by the High Court. In a brief interview after being sought for comment yesterday, Dlamini said because he was desirous to see justice being done and seeing his matter being finalised, he managed to raise the required amount. He said his only wish was to see his matter concluded. “I managed to raise the money and as we speak, I am ready to go and deposit it where I will be directed by the court,” said Dlamini.

Provisional

Security for costs refers to a provisional measure that a party may seek from a court to order its counterpart to post security payment so as to secure that party’s right to recover its costs (i.e. legal costs and expenses incurred during the arbitral proceeding). In the EBC’s application, the Chairperson of the commission, Prince Mhlabuhlangene, said the Act empowered the EBC to make an application for security for costs to the judge handling an objection appeal at the High Court, before the appeal could be considered. He said the EBC estimated its costs of litigation of the whole matter at an amount of E200 000. “These costs were projected to cater for, among other costs, legal fees and costs for the re-nominations exercise. The Act further provides that if the party, who is required in law to furnish the security for costs fails to do so, the appeal shall be deemed to have been withdrawn,” said the chairperson. The application will be heard on August 18, 2023. In his appeal, Dlamini raised four grounds of appeal against the EBC’s decision to remove his name from the voters roll.

He filed the notice after the High Court granted him leave to appeal the decision of the EBC to remove his name from the voters roll of Othandweni Primary School Polling Station under Siphofaneni Constituency. His first ground of appeal is that the EBC allegedly removed his name from the voters roll without a valid objection being lodged in terms of Section 18 (2) of the Voters Registration Act No.4 of 2013. He said by so doing, the EBC misdirected itself. The second ground of appeal is that the EBC allegedly based its decision on a purported objection it received on July 22, 2023 when in actual fact the voters roll verification was closed on July 12, 2023. The effect was that the names that appeared on the voters roll on July 22, 2023 were final and thereby the commission misdirected itself, submitted Dlamini.

His other ground of appeal is that the EBC allegedly took a decision to remove his name without hearing his side and thereby committed an error in law. The last ground of appeal, according to Dlamini, is that the EBC allegedly misdirected itself by not including his name on the list of nominees for Member of Parliament (MP) under Othandweni Primary School Polling Station. His prayer to be granted leave to appeal the decision of the EBC was granted by Judge Justice Mavuso.

Application

His application for leave to appeal was in terms of Section 18(5) of the Voters Registration Act No.4 of 2013. 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 22, 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.

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