Africa-Press – Eswatini. Voters who were allegedly denied a chance to vote at Sigangeni, under Siphocosini Constituency, have run to court demanding what they claimed was their right to vote.
The 16 voters have taken the Elections and Boundaries Commission (EBC) and others to court, demanding to be allowed to cast their votes in the same chiefdom.
They also took Sigangeni Indvuna, Phazamisa Mhlanga and David Sihlongonyane to court, claiming that the two were the ones who identified them as non-residents during the area.
Mhlanga also stood for the MP position under Sigangeni Chiefdom.
Other respondents include Vusi Dlamini, who was a runner-up of the elections for the Member of Parliament (MP) position and Witness Dlamini, who won during the primary elections under the chiefdom. Vusi is the owner of popular eatery, which is known as Futis. Other respondents include Rider Maseko and others, as well as the attorney general.
The voters (who are referred to as applicants in this case) include Roseta Munro, Xolile Motsa, Simanga Sifundza, Hlobisile Bhembe, Sean Masilela, Nontsikelelo Mfuma, Siphilangezwi Nhleko, Lungisile Dlamini, Nosipho Mabuza, Noncedo Mkhonta, Sanelisiwe Mncina, Lindelwa Magagula, Ntobeko Vilakati, Seluleko Masuku, Nomthandazo Shongwe, and Nomcebo Ndlovu.
They are identified as residents of Mbabane, according to the application they filed at the High Court.
According to Munro, who deposed a founding affidavit on behalf of the other voters, they went to Sigangeni on August 26 to vote during the primary elections and upon arrival at the polling station, they were allegedly denied entry by Mhlanga and Sihlongonyane.
Cards
Munro submitted that this happened despite that they had allegedly produced their voting cards, which she said proved that they had registered to vote at Sigangeni.
She said they also appeared on the voter’s roll of Sigangeni.
In her application, Munro stated that efforts to get assistance from the police and Maseko were not successful as they were finally turned away.
She said Vusi tried to assist by talking to Mhlanga and Sihlongonyane but his efforts did not help.
According to Munro, Vusi intervened to ensure that the voters were allowed to vote.
On August 29, Vusi, according to Munro, filed a complaint with EBC regarding the events of the day.
She said on August 31, the EBC replied to Vusi’s complaint but nothing fruitful was realised.
Right
Adding, she stated that other community members were also denied their right to vote as they were denied access into the polling station.
Munro said the community members were denied access by the very same people, (Mhlanga and Sihlongonyane) who denied them, as applicants, an opportunity to vote.
What was unfortunate, according to Munro, was that Mhlanga and Sihlongonyane did nothing to address the situation.
She argued that this was extremely unfortunate, given that there had been a huge drive, which was meant for Emaswati to vote in their numbers. The alleged apathy shown by the EBC was regrettable and embarrassing, according to Munro who further argued that Section 85 of the Constitution stated that every person ordinarily resident in the country had a right to vote at any election.
Quoting Section 44 of the Elections Act of 2013, she said it gave her the right to vote, however, that right was allegedly violated by Mhlanga and Sihlongonyane, who denied them access to the polling station.
She also quoted Section 48 of the Elections Act, which states that a person would not be admitted to vote at a polling station, except, at the polling station in the polling division, the name of that person appeared on the voter’s register.
Munro said they approached the court because they were adamant that their names appeared on the voter’s register in Sigangeni because they had registered that they would vote in that place.
She also quoted Section 51 of the Elections Act, which states that a voter was entitled to vote at a polling station on production of a voter’s card to the polling officer at the polling station and if that voter’s name was in the segment of the voter’s register of the polling division concerned.
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