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CONFUSION OVER ‘DD’ CONVICTS JOINING ELECTIONS

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MANZINI – Musa Dlamini is in a serious dilemma over whether to stand as a candidate in the forthcoming general elections or stay at home.


Musa’s (not his real name) dilemma stemmed from his recent arrest and conviction.
Two weeks ago, the Manzini Magistrate’s Court found him guilty of driving a motor vehicle under the influence of alcohol. He was sentenced to two years imprisonment, which, fortunately, carried a fine option of E2 000.
He paid the fine.


Musa is a free man now.
He told me that he had been advised by certain members of his chiefdom on the outskirts of Manzini to stand as a candidate in the election.

‘Don’t know if i qualify’
“I don’t know if I qualify to stand as a candidate for the election because I was slapped with a two-year jail term last week but I paid the fine,” he said.
Thousands of people have been sentenced to imprisonment for driving vehicles under the influence of alcohol. A majority of them were able to pay the fine, according to court records.


I asked him why he was not sure about his fundamental right to stand for the election. He told me his lawyer gave him an advice he didn’t comprehend.
“My lawyer told me something I actually didn’t understand,” he continued to say before I interjected: “What is it; just say it?


He quipped: “He told me I might be disqualified from participating in the election on the basis of Section 97 of the Constitution of the Kingdom of Swaziland (Eswatini).”
The section reads: “Notwithstanding the provisions of Section 96, a person does not qualify to be appointed, elected or nominated as the case may be, a senator or member of the House if that person – is under sentence of death or imprisonment for more than six months for an act, which is a criminal offence in Swaziland (Eswatini).”


In an aura of perplexity, I gasped for a moment, in the hope that I would be able to interpret the constitutional provision. Frankly speaking, I did not have an immediate answer. I did look into the section he quoted. I formed an impression that this constitutional provision was not a decided disadvantage or cast in stone. It required a mature legal mind.
Musa realised I was clutching at straws.

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