PS can’t execute mayor duties while in office - Sylvester

MANZINI – The Principal Secretary (PS) in the Ministry of Housing and Urban Development, Clifford Mamba, can not be expected to properly execute his duties as a mayor of a municipality while at the same time he is in public office.

This was submitted by Vuvulane Labour Office Labourer, Sylvester Dlamini, in his founding affidavit. He also pointed out that as the PS in the ministry, Mamba was the controlling officer for the Eswatini Government, where all public funds should be correctly spent and accounted for.

He submitted that it was mayors of the municipalities, through the town clerks, who had to account to the PS, who would then approve it.

“The PS in our case is totally conflicted. As a mayor, he prepares the budget and submits it to himself for approval, as PS. Then he will now wear the hat of being a mayor and supervise the town clerk on the money allocated. As a mayor, he will then account to himself, now as PS. This is clearly undesirable. There should be supervision of powers. Different powers cannot be in one person,” Dlamini argued.

He submitted that on or about October 28, 2022, the minister published Legal Notice No.395/22 in terms of which he revoked the appointment of all councillors in local government as their five-year term had come to an end. He said this paved way for the registration of voters, which would then call for election of councillors in due course.

Thereafter, he added that on about October 31, 2022, the PS and Vuvulane Town Board Deputy Chairperson =andile Tsabedze were appointed by the minister as interim Board Chairperson and Deputy Chairperson respectively.

Dlamini further submitted that on December 2, 2022, the minister sent an invitation to all local governments for training on conducting local government elections. He said the town Board was part of those that were invited. He added that another training was called on January 12, 2023 and the town Board was invited.

After the training had been done, Dlamini submitted that the minister then published a gazette, setting the date for the registration period of voters eligible to participate in the elections of councillors (January 16, 2023 to February 24, 2023).

Eligible

As eligible voters, he submitted that they went around the Vuvulane urban area looking for the registration officers on January 16, 2023 and they did not find any. He said there was no one even in the town Board offices, yet in all the other local governments the registration of voters was continuing. He added that their attorney confirmed to him that he had personally registered in Mbabane as he was an eligible voter there.

Thereafter, he submitted that on January 18, 2023, they sent a formal petition to the minister, where they complained about an utterance by the PS to the employees of the town Board during their training, that no elections of councillors would occur at Vuvulane.

Despite that, Dlamini submitted that there was no response to it up to date and there was no registration of the voters at Vuvulane.

“We met with the minister on January 20, 2023 and after we presented our complaint, he undertook to come back to us formally as we had written. The minister did confirm to us that it was within our rights in law to elect our own councillors and he did not understand what the problem in holding the elections was. We have been trying to meet the minister ever since and we failed,” he claimed.

After that, he added that on January 30, 2023 they instructed their attorneys on the matter and they advised that they should first send a letter of demand, failing which they could then proceed to court. He said the letter was sent to the attorney general on the same day and the minister was copied.

Up to date, he submitted that there was no response to it and there was no registration of voters at Vuvulane.

“It is this abuse of public power that has led us to come to this court as a last resort,” he submitted.

Dlamini argued that they had a right provided in the Constitution; the Act and the Elections 5egulations thereto to register and vote for councillors. He added that they were eligible voters who should be allowed to register.

However, Dlamini alleged that the minister, PS, Vuvulane Town Board Deputy Chairperson =andile Tsabedze, the town Board were interfering with their rights by not allowing them to register so that they could vote for their councillors.

According to Dlamini, they had engaged them on their allegedly unlawful conduct, but failed. He added that they had no other effective and alternative remedy as they had failed to convince them to allow them to exercise their constitutional rights.

“The conduct and/or the decision of the first to fourth respondents are irrational, unconstitutional and invalid. The impugned conduct relates to the respondents denying us our constitutional and statutory right to register as eligible voters, and conseTuently vote for the councillors of the fourth respondent. I am advised that this court has the inherent power to intervene and direct the respondents to comply with the law,” Dlamini submitted.

Provisions

Moreover, the resident told the court that based on the provisions of the Urban Government Act, and the Elections 5egistrations thereto, all eligible voters at Vuvulane had a right to register to vote for the elections of councillors.

He added that any public official who did not afford them their rights in law was acting unlawfully and that impacted negatively upon the rule of law. He submitted that such conduct should not be allowed as it impacted negatively on the public purse. Dlamini submitted that the issues raised in this application were Tuite weighty and raised matters of great importance and the court should not hesitate to urgently intervene in such cases.

“The first to fourth respondents have no right whatsoever to deny eligible voters at Vuvulane Urban Area to register and vote for their councillors,” he emphasised.