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LOBAMBA – House of Assembly Speaker Petros Mavimbela stunned Members of Parliament (MP) when he submitted that the Supreme Court judgment on Senate hopeful Bhutana Dlamini was under review.
In a judgment that was issued on September 22, 2022, the Supreme Court stated that as at September 2, 2021, Dlamini was compliant with Section 96 of the Constitution and, therefore, eligible to participate in the Senate elections.
Section 96 of the Constitution states that a person qualifies to be appointed, elected or nominated a senator or member of the House if he is a citizen of Eswatini, has attained the age of 18 years, is a registered voter and has paid all taxes or made arrangements satisfactory to the commissioner of taxes.
During a sitting of the House yesterday, Sithobelweni MP Bhekitje Dlamini put it to the Speaker to clarify what was stalling Parliament from holding the Senate elections, given that the matter had been resolved in the Supreme Court of the country.
“Mr Speaker, I have been following the matter through local newspapers and I know that there was a judgment on the matter issued by the Supreme Court.
Members of Parliament in the House of Assembly.
What is delaying Parliament from into a judgment that had been issued by holding the elections now that there is the Supreme Court. a ruling on the matter? Can the Speaker “Can the Speaker inform this honourable inform the House on when the elections House on who the people are would be held,” he asked. who have the power to stop the Speaker
Mavimbela was initially vague in from following the Constitution and implementing his response, stating that he was also a judgment of the Supreme aware that there was a court ruling on Court of the country,” he submitted. the matter, but there were people who Lobamba Lomdzala MP Marwick were working on the same issue and Khumalo also put it to the Speaker to they were still looking into it. This was clarify if his submission that the matter after he had paused and laughed after was still looked into was with reference the question from the MP and he was to the preparation for the elections to joined by other members of the House be held or he was referring to the judgment in the moment of amusement. being under inspection, which
However, Ndzingeni MP Lutfo could be that the Supreme Court had Dlamini intervened and wondered who misinformed itself. “As legislators, we had the authority and audacity to look need to set a good example that when
the courts have issued a judgment on a matter, especially the Supreme Court of the land, we follow that ruling, we have no choice,” Khumalo submitted.
This was when the Speaker said the matter was under review and it was reviewed by relevant stakeholders. He said once that exercise was over, members would be given feedback and a way forward would be communicated.
KuMethula MP Derrick Masuku requested the Speaker to be precise on the issue of the review of the judgment and state exactly who was challenging it, and where it was being reviewed. However, Mavimbela insisted that the MPs should wait for the review to be completed and a way forward would be crafted and communicated thereafter.
Judgment
In the judgment, Judge Sabelo Matsebula said the argument advanced by Clerk to Parliament Benedict Xaba that by September 2, 2021, which was the day of the elections, Bhutana was already disqualified and therefore not eligible to participate in the elections, had no merit.
The judge said it had no merit because Bhutana’s vetting and the verification of the commissioner of taxes’ Tax Compliance Certificate was not sanctioned by law as stated and, therefore, this exercise, which resulted in the erroneous decision, was unlawful and could not stand in law.