Some public officials accused of abusing power

MANZINI – There are claims that some public officials are accused of abusing power and in the process, they violate the Vuvulane resident’s constitutional right to vote for their own councillors.

This is contained in a founding affidavit of one of the applicants Sylvester Dlamini, who, when giving bacNground of the matter, said in 1 , Parliament promulgated the Urban *overnment $ct, which bestowed on the minister a number of powers. Such powers, according to Dlamini, included declaring any area in an urban municipality or a town %oard and assign a name and to define the boundaries of the urban municipality or town %oard.

He said the $ct also gave the minister powers to prescribe the composition of the urban municipality and provide for the election of councillors by eligible voters resident in that urban area every five years and to maNe regulations of the regulation of elections of councillors and matters incidental thereto, among other things.

Dlamini added that the Elections 5egulations under the $ct and the Constitution of the Kingdom of Eswatini provided in clear and unambiguous terms that urban municipalities should be administered by elected councillors, voted for by eligible voters of the urban area and would hold office for five years, similar to that of Members of Parliament (MPs).

“It is mandatory that in every fiveyear period, councillors in any local government have to be elected by the eligible voters,´ Dlamini submitted.

He added that the $ct, regulations and Constitution did not leave a vacuum.

Rights

He argued that it was the responsibility of the first to fourth respondents to ensure that all eligible voters exercised their constitutional rights to vote for their chosen councillors in any local government in the Kingdom of Eswatini.

The first respondents are the Minister of Housing and Urban Development,

Prince Simelane, Principal Secretary (PS) in the ministry, Clifford Mamba, is the second and he is also the interim Chairman of 9uvulane Town %oard.

9uvulane Town %oard Deputy Chairperson =andile Tsabed]e is the third respondent, while 9uvulane Town ClerN Melusi Hlan]e is the fourth respondent.

Dlamini told the court through /egal Notice No. of 1 8 , the then minister of Housing and Urban Development, acting in terms of the strict provisions of the $ct, established 9uvulane Town %oard as an urban area to be administered by the 9uvulane Town %oard. He argued that it was expected that the incumbents of the first and the second respondent would then comply with the law and allow the elections of councillors of the town %oard to be

elected every five years.

“This did not happen for 9uvulane Town %oard in breach of the law,´ he submitted.

He alleged that it was only three times that councillors of the town were elected. He submitted that this was the period between 1 and 2012 as the last councillors’ elections were in 2008 and they were in office for five years, until 2012.

He purported that since 2012, they had been denied their constitutional rights by the minister and PS to vote for their councillors as eligible voters for the 9uvulane Town %oard. He submitted that they were denied their constitutional right without any lawful and/or justifiable reasons.

Dlamini claimed that they had engaged the various Housing and Urban Development ministers over