By Sifiso Nhlabatsi | 2019-04-24
Matsapha dismissed councillors insist Minister of Housing and Urban Development Prince Simelane had no grounds to oust them from office.
The councillors feel they have been victimised for serving their constituencies diligently and fighting corruption as demanded by Section 239 of the constitution of Eswatini enjoining public offices with public service ethics in terms of the leadership code.
This was outlined in letters addressed to the Elections and Boundaries Commission (EBC) from fired councillors Bongani Mkhatshwa, Mavela Shongwe as well as Mayor Sandlane Zwane yesterday.
This follows letters issued to the councillors last week in which the minister primarily banned them from taking part in an urban government election until 2022 after dismissing them based on the recommendations of a commission of inquiry set up to assess the messy situation in the country’s industrial hub.
Fight
The councillors have been adamant they would not go down without a fight as they believe they were wrongfully removed from their councillorship sits.
The councillors said their ousting was illegal and unconstitutional as well as procedurally flawed in terms of the law. They said their eviction had resulted in them being publicly slandered, pronounced incompetent as well as deprived of a job which has resulted in them being disenfranchised for the next five years as per the recommendations of the commission.
“I am filing this report to your office on account of the fact that I was elected to office as a Matsapha councillor under the auspices of your august office described in the constitution as an independent authority Section 90 (1), seized with the power to register voters and ensure fair and free elections at variety levels (S90) (7) (a), to perform other functions in connection with elections as may be prescribed by relevant incumbents (S90) (7) (d).
Constitution
To produce reports in respect of work done (S90) (7) (e) and to invoke matter relating to voter disqualification (S89 a, b, and e) in the event such was called for,” read a clause in the letter.
In terms of the constitution of the kingdom of Eswatini, a town council was classified as a local authority supposedly exercising its own autonomy.
The councillors said there was no instrument that subjected a city council to the ministry of housing and urban development. They said more pertinently, they took humble cognisance of the fact that the EBC’s incumbency was a continuous one for the duration of their term. Meaning when they were elected into office, they were subject to the EBC’s overseeing, monitoring and protection for the entire duration of their term in office.
They added it was common cause that the EBC as custodians of the voters rights throughout the term of office of elected incumbents, was not only involved but took a lead in ensuring their deprivation of office and voter disqualification substantive laws and procedures were followed to the letter. The councillors said in this particular instance, recall procedure would have been a petition by the ward electorate of a particular councillor, which would have been submitted to the EBC, which in turn would invoke legal due procedure to satisfy the requirements of audi alteram patem in a judicious manner by the properly qualified and designated body.
They added that in this case, the ministry usurped powers of the EBC and appointed itself with powers they did not have. They, therefore, requested the most timeous intervention by the EBC.
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