Swazi Observer

FULL STORY

MATSAPHA COUNCILLORS DISMISSED, BANNED

By Alec Lushaba | 2019-04-20

Housing and Urban Government Minister Prince Simelane has not only dissolved the Matsapha Town Council board, which was led by Mayor Sandlane Zwane, but banned them from participating in local government elections until 2022.

The minister communicated his decision through letters he sent to them individually on Thursday.

In the letter dated April 17th, 2019, the minister wrote: “Pursuant to recommendation (sic) in the report of the Commission of Enquiry and your representation to myself, I hereby make the following order;

(1) The Matsapha Town Council is hereby dissolved with immediate effect;

(2) You are therefore advised that your councillorship is terminated and are not eligible to stand for an election as councillor for any period until 2022.” In arriving in this decision, the minister is said to have relied on Section 107 of the Urban Government Act of 1969; which states: Section 107 (3) “On receipt of the commission’s report, the minister may – (a) make such order as he may deem just or expedient in the light of the facts found by the commission and the council shall without delay comply with the requirement of such order, (b) if satisfied on the facts as determined by the commission that any present or former member of the council is not a fit or proper person to hold office as a member, serve notice upon him declaring his seat to be vacant, if he is a present member, and declaring, whether he is a present or former member that he shall not be eligible for re-election or re-appointment for any period stated in such notice and advise the council accordingly.”

Subsection 4 (3)(b) states: “The minister may, pending the report of the commission or if a council fails to comply with the order made by him under subsection (3)(b), dissolve the council and in his discretion, appoint or direct the election of new councillors; and during such period or as the case may be, pending the appointment or election of new councillors, confer upon any person or persons the right to exercise any powers to suspend or the powers of the council so dissolved.” Elections and Boundaries Commission Head of Secretariat Richard Phungwayo when called prior to the minister’s decision, said as the body responsible for elections in the country and who delegated the ministry to hold the 2017 local government elections, they have not been appraised on the matter. (See story by EBC).

Meanwhile, former Matsapha Town Council Mayor Sandlane Zwane feels the minister’s actions are premature, illegal and is inconsistent with the Constitution.

Zwane cited Section 2 (1) of the country’s Constitution which states: “1) This Constitution is the supreme law of Eswatini and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void.” He based this argument on Section 56 which deals with the Directive Principles of State Policy which guide all organs and agencies of the State, citizens, organisations and other bodies and persons in applying or interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just, free and democratic society.

He said Section 58 under the political objectives, it is stated as follows:

(1) Swaziland shall be a democratic country dedicated to principles which empower and encourage the active participation of all citizens at all levels in their own governance.

(2) In the conduct of public affairs, the State shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels, where the people can best manage and direct their own affairs.

(3) The State shall cultivate among all the people of Swaziland through various measures, including civic education and respect for fundamental human rights and freedoms and the dignity of the human person.

(4) All associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice. (5) All lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.

(6) The State shall promote, among the people of Swaziland, the culture of political tolerance and all organs of State and people of Eswatini shall work towards the promotion of national unity, peace and stability.

(7) The State shall provide a peaceful, secure and stable political environment which is necessary for economic development.

He said the United Nations General Assembly in 2005 re-affirmed democracy as a universal value based on the freely expressed will of the people to determine their political, economic, social and cultural systems and their full participation in all aspects of their lives.”

Zwane said the powers the minister applied under Urban Government Act are inconsistent with the 2005 Constitution, and in particular section 90 and section 164 which establish both the Elections and Boundaries Commission and the Human Rights ad Public Administration Commission respectively.

He said the minister cannot in this day and age rely on an undemocratic law that bans individuals from participating in elections when the Constitution states clearly who qualifies to vote and be voted into office.

Zwane said the decision by the minister has the potential to undermine the values espoused by His Majesty the King when defining Monarchical Democracy.

“In this day and age, a minister does not enjoy those powers when dealing with publicly elected officers. We will challenge this decision because it undermines the electorate and everything we stand by in our constitution,” the former mayor said.

share story