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16 TURNED BACK VOTERS CASE: 6 FUTI’S WORKERS - EBC

22/09/2023 06:59:00 Kwanele Dlamini

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MBABANE – The EBC says the voters who were turned back at Sigangeni during the primary elections are all employees of Futi’s eatery.

The Chairperson of the Elections and Boundaries Commission (EBC), Prince Mhlabuhlangene, alleged that the voters were driven in a seven-seater vehicle to Sigangeni Polling Station by one Vusi Dlamini, who is their employer at Futi’s eatery. Vusi was a Member of Parliament (MP) nominee at Sigangeni, under Siphocosini Inkhundla. The consolidated list from the EBC reflected that the overall MP candidate winner at the polling station was Witness Dlamini, with 440 votes. Vusi came second, with 432 votes.

Arrangements

In the EBC’s answering affidavit in the matter in which the turned back voters are seeking an order, among others, that the EBC should make arrangements for them to vote at Sigangeni Polling Station, Prince Mhlabuhlangene said even though there were 16 applicants, the commission was aware of six who were questioned at the polling station. He said the rest of them were unknown to the EBC.

The six are Sanelisiwe Mncina of Nkhaba, Lindelwa Magagula of Mbabane, Nomthandazo Shongwe of Siteki, Ntobeko Vilakati of Sigulaneni, Lungile Dlamini of Mankayane and Nontsikelelo Mfuma of Malindza. The EBC chairperson informed the court that the six voters admitted to being employed at Futi’s eatery and that they were not residents of Sigangeni.

Questioned

Prince Mhlabuhlangene told the court that the voters also stated when questioned that they were not registered to vote under Sigangeni Polling Station but they were there to support Vusi, who is their boss. The other applicants are Roseta Munro, Xolile Motsa, Simanga Sifundza, Hlobisile Bhembe, Sean Masilela, Siphilangezwe Nhleko, Nosipho Mabuza, Noncedo Mkhonta, Seluleko Masuku and Nomcebo Ndlovu.

On Tuesday, the High Court issued an interim order to the effect that the EBC should make arrangements for all 16 of them to cast their votes. However, the order is yet to be either confirmed or discharged, as the matter will be argued on Monday before Judge Justice Mavuso. According to Prince Mhlabuhlangene, the EBC noted that the applicants all stated that they were from Mbabane, and not from Sigangeni.

“Further, the sixth respondent (EBC) is also disappointed by the act of the applicants, because during the enquiry conducted by the sixth respondent, they all clearly stated that they are not from Sigangeni area, but from different areas and they also work for the fourth respondent, who is their employer at Futi’s eatery.

“When the applicants were probed on why they decided to register for the elections at Sigangeni area, they highlighted that they wanted to support their boss, the fourth respondent. They stated that they are only connected to the fourth respondent, their employer, not Sigangeni. “The unlawful act by the applicants of registering for elections at Sigangeni when in fact they do not have any connection of that place in terms of the law cannot be ignored and it is a criminal conduct under Section 33 (1) (a) of the Voters Registration Act of 2013.

Information

“They furnished the registration clerks with false information, leading to their inclusion on the voters roll for the Sigangeni Polling Station under Siphocosini Inkhundla,” explained Prince Mhlabuhlangene. The veracity of these allegations is still to be tested in court. The applicants are represented by Sidumo Mdladla of S.V. Mdladla and Associates. Principal Crown Counsel Ndabenhle Dlamini appears for the EBC.

The EBC chairperson submitted that on August 30, 2023, the EBC was approached by Vusi, who registered his complaint, due to an alleged denial of his purported supporters to vote at the polling station. The Futi’s eatery owner, according to the prince, also alleged that five of his special elections votes were declared spoilt because they were found in the wrong ballot box - the indvuna yenkhundla ballot box.

On August 31, 2023, the EBC issued its decision, and on September 5, 2023, Vusi came back again to the commission’s offices. This time around, submitted the prince, ‘to my surprise and dismay, he brought affidavits of the applicants’.

“This is an extremely unprecedented move by the fourth respondent, more so because it compromises the integrity of the elections, such that they will never be free and fair under the circumstances. The law provides that every voter’s vote is secret.

“The applicants, by giving the fourth respondent their affidavits to file with the sixth respondent (EBC), has polluted the electoral process, such that in the unlikely event that the order that is prayed for in this application is granted, the sixth respondent will be rubber-stamping an election malpractice,” the chairperson submitted.

Prince Mhlabuhlangene informed the court that the other 10 applicants who appeared as applicants in the matter were not known to the commission as they never registered their grievances that they were allegedly turned away at Sigangeni Polling Station. Their affidavits, according to the prince, were as a result, not entertained.

Enquiry

He told the court that pursuant to an enquiry that was conducted on September 13, 2023, the six voters, who are part of the applicants, were informed that a report would be prepared by the commission and that they would be informed or contacted when it was ready. Prince Mhlabuhlangene said a transcription of the report’s record was still ongoing and he stated that two working days from the date of conducting the enquiry, the applicants took the matter to court.

He submitted that it was extremely unreasonable for the applicants to have expected that the enquiry report would be finalised within just two days. The prince submitted that in actual fact, the applicants displayed an act of dishonesty, because they concealed that an enquiry into their matter was being conducted and it was pending before the EBC.
The EBC chairperson further argued that the matter was not urgent. He said the urgency alleged by the applicants was self-created.

He said it took the applicants 23 days to bring the application to court and they did not advance any explanation why they took almost a month to bring their application to court. The prince pointed out that the applicants relied on the upcoming secondary elections to be held on September 29, 2023 for their urgency. The matter is pending at the High Court.