I WANT FORMER PM TO RESPOND - MASILELA

MBABANE – Former Lobamba MP Michael Masilela now wants the former Prime Minister and former Minister of Justice and Constitutional Affairs to respond to his challenge of the constitutionality of Section 5 (3) of the Senate Act.

In his initial application, Masilela had cited the chairman of the Elections and Boundaries Commission (EBC), Chief Gija and the attorney general as respondents.
The former MP has withdrawn that application and filed another one in which he cites the prime minister and the minister of justice and Constitutional Affairs as respondents.

His prayers are still that he wants the court to declare Section 5(3) of the Senate Act of 2013 as inconsistent with Section 97 of the Constitution.
inconsistent
Masilela of Nkhanini also wants the court to also strike down this section of the Act due to allegedly being inconsistent with the Constitution.
His matter will be heard by a full bench comprising Judge Mumcy Dlamini, Judge Mzwandile Fakudze and Judge Maxine Langwenya on September 25, 2018.
The businessman lost in the Primary Elections but continued to set his sights on becoming a senator.

This was despite that Section 5(3) of the Senate (Elections) Act No.7 of 2013 states that a person who is an unsuccessful candidate in the recent general elections shall not be considered for nomination as a senator.
Masilela, who is represented by Zonke Magagula of Zonke Magagula and Company, argued that Section 5 (3) was not inconsistent with Section 97 of the Constitution.

disqualify

Section 97 of the Constitution gives a list of qualities that disqualify a person from being nominated or elected into Senate. He submitted that the ground of losing primary or secondary elections was not included among the items for disqualification.
The grounds mentioned in Section 97 include being insolvent, under sentence of death or imprisonment of more than six months and not being eligible to be a voter, among other things.

requirements

Masilela told the court that he was nominated for the position of MP at Nkhanini Royal Kraal having satisfied all requirements to stand for the Primary Elections.

However, during the Primary Elections, Masilela was unsuccessful and he came second with 554 votes. The successful candidate obtained 561 votes.
The former MP, after his unsuccessful run in the Primary Elections, said he turned his focus on making himself available for nomination and election into Senate.
He informed the court that he qualifies for nomination into Senate because the requirements for such qualification into that office were almost the same as those of a Member of Parliament.

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