Bhutana’s win will throw 2023 elections into disarray
MBABANE - The Attorney General’s (AG) Office has informed Senate hopeful, Bhutana Dlamini that if his win at the Supreme Court stands, it will throw the 2023 national elections in disarray.
In a letter which is dated October 19, 2022, received by ND Jele of Robinson-Betram, titled; Re: Clerk of Parliament vs Bhutana Samuel Dlamini and 4 Ors. “We refer to the legal proceedings in SZSC31/2022, particularly the judgment of September 22, 2022. Yesterday, we received instructions to file for judicial Review of the decision/judgment.
“If allowed to stand, it would throw into disarray the 2023 general elections on the aspect of verifying nominated candidates’ eligibility,” reads the letter.
The letter further reads: “Senior counsel has already been briefed. He is working on the application. It is most likely to be filed in the course of the next week.
“Now, therefore, the intended taxation of the bill of costs awarded in the impugnated judgment is moot as the same may be set aside upon review.
“Hopefully, you shall find the above to be in order, or is it not?” read the letter signed the Principal Crown Counsel, Ndabenhle G. Dlamini for the AG.
On September 22, 2022, the Supreme Court said Bhutana was eligible to participate in the Senate elections.
ADAMANT
Bhutana was adamant that he qualified to stand for elections to the vacant Senate seat. Bhutana, who was disqualified from the race to replace the late Jimmy Hlophe, eventually took the matter to the High Court on urgent basis. He sought an order declaring that he qualified to stand for the Senate elections. He has also applied that the elections be stopped until the matter was concluded in court.
Bhutana (51) of Nkamanzi under Chief Gija, further sought for an order directing the clerk to Parliament, Speaker and Elections and Boundaries Commission (EBC), to furnish him with or his attorneys with the reason(s) for disqualifying him from the race.
Other respondents were the Attorney General, Sifiso Dlamini and others who were also contesting to take part in the elections. He was represented by Derrick Jele of Robinson Bertram.
He wanted the court to order that he be furnished with the reason(s), within seven days from the date of service of the order.
The Senate hopeful had also went on to pray that the decision to disqualify him should be reviewed and set aside.
He further went on to seek an order that he be granted leave of court to supplement his founding affidavit on receipt of the reasons for his disqualification and the respondents to pay costs of the application. Judge Nkosinathi Maseko presides over the matter.
Bhutana had told the court that he was nominated by a majority of members of the House of Assembly to stand for the elections for the vacant seat in Senate. He did submit that in line with the provisions of Section 96 of the Constitution, he allegedly provided the Clerk of Parliament, as the Returning Officer of the elections, Benedict Xaba, with all valid documents as required.
He argued that despite that he allegedly qualified in terms of the Senate legislation and the Constitution, the clerk of Parliament advised the House of Assembly that he had been disqualified through the vetting process and no reasons were provided.
Bhutana disclosed to the court that the House then adjourned the elections and he was to be furnished with the reasons for his disqualification on September 2, 2021. “To date, no reason has been provided. I also requested the reasons through my attorneys and they have not been provided,” he submitted.
URGENT
The Senate hopeful told the court that the matter was urgent in that the elections may be called by the Speaker to resume at anytime. He submitted that he feared that the elections would continue despite that the reasons for his disqualification had not been provided.
“This is as a result of the silence of the first respondent (clerk to Parliament) on the reason since September 2, 2021 to date. Should that happen, I will suffer irreparable harm in that I will be left out of the elections without a remedy.”
Bhutana informed the court that currently, he was not complaining about the outcome of the elections, but the qualification to take part in the elections.
He said he had been advised that the Elections Petitions Act would not assist him as it applied to a challenge of an outcome of an election of a person not the disqualification.
He submitted that, through his attorneys, he requested to be furnished with the reason(s) for his disqualification as that affected his constitutional right to a fair hearing and to freedom of assembly and association.
“The respondents have not provided the reasons. It is clear that the intention is solely to prevent me from standing in the Senate elections, which I am entitled to in law,” he added.
Bhutana said he was nominated on August 25, 2021 and accepted the nomination. He informed the court that he registered for the 2018 national general elections under the community of Nkamanzi.
He attached his voter card to the court papers. He did not contest for election during the general elections is 2018, but voted for someone else. He also told the court that he paid all his taxes and attached a tax clearance certificate. He further informed the court that he applied for a police clearance certificate. He said he submitted all the aforementioned documents to the office of the clerk of Parliament.