Not all inmates can vote

MBABANE – The Elections and Boundaries Commission (EBC) says the Constitution is explicit about qualifications and disqualifications concerning elections.

In an interview yesterday, EBC Public Relations Officer Mbonisi Bhembe urged emaSwati to familiarise themselves with the Constitution of the land for clarities and answers as they prepared for the upcoming national elections. He said the Constitution made it clear that not all inmates were eligible to vote.

Offences

He said the right to vote was determined by the nature of the offences people were charged with. He said the sentences also had an impact.

Bhembe was sought for clarity after a general feeling from emaSwati who participated in the ongoing civic voter education on why inmates were allowed to vote.

People wanted clarity from EBC on why inmates who were already convicted of offences were allowed to vote, yet those with criminal records were not allowed to stand for elections, even after completing their sentences. Some members of the public were of the view that inmates should not be allowed to vote while serving their sentences.

Bhembe referred emaSwati to Section 88 (1) of the Constitution, which provides that a person qualified to be registered as a voter if, and was not otherwise qualified unless that person had attained the age of 18 years and was a citizen of or was ordinarily a resident in Eswatini.

Disqualification

Bhembe also shared Section 89 of the Constitution, which spoke to the disqualification as a voter. The section states that a person does not qualify to be registered as a voter or to vote if he/she is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Eswatini.

Subsection 2 states that a person does not qualify to be registered as a voter or to be voted for if he/ she is convicted of an act which is a criminal offence under the law of Eswatini, under sentence of death or life imprisonment imposed on that person by a court in any country.

Subsection 3 provides that a person does not qualify to be registered as a voter or to vote if connected to elections related offences.

Bhembe also shared Section 96, which states that a person qualified to be appointed, elected or nominated as senator or member of the House if he/she was 18 years old and above and a registered voter. The section states that the person may qualify if he/she has paid all taxes or has made arrangements satisfactory to the commissioner of taxes.

Constitution

However, Section 97 of the Constitution speaks about the disqualification for membership of Parliament.

Subsection 1 (a) (i) (ii) states that the person is disqualified if he/she has been declared insolvent under any law or has not been rehabilitated of unsound mind. Section 97 (1) (b) states that a person does not qualify if is he/she is under sentence of death or of imprisonment for more than six months for an act which is a criminal offence in Eswatini.

Bhembe said the Constitution was there to provide clarity and answers pertaining to the upcoming elections.

Residents of Sigangeni during the ongoing civic voter education over the weekend.

Sibusiso ‘MTV’ Sifundza has called the election of persons with disabilities to represent the four regions. (R) Mfanfikile Lokotfwako said he feard a gun after he saw a police officer carrying it during the course of the civic voter education at Sigangeni.

Sindziso Ndlangamandla making his remarks. (R) Armstrong Dlamini felt that six months stay was not enough for businessmen to participate in national elections in communities.