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MBABANE – The High Court has interdicted government from proceeding with the appointment and gazetting process for candidates to sit in the River Authority Board pending an appeal filed by some irrigation districts.
The interim order by the court comes after Siphofaneni Irrigation District, Malkerns Irrigation District and Emandla Ekuphila Irrigation District moved an urgent application wherein they decried the manner in which the process for electing those to sit in the Board was conducted.
Respondents in the matter are the Joint River Basin Authority Project Board, director of Water Affairs, minister of Natural Resources and Energy, the National Water Authority and the attorney general (AG).
According to the aggrieved irrigation districts, the Joint River Basin Authority Project and the director of Water Affairs allegedly engaged other stakeholders by inviting them to suggest candidates for the appointment to the River Basin Authority Board. The applicants argued that they had a genuine fear that the minister of Natural Resources and Energy would soon make his appointments and gazette them.
In the interim order, the minister and the other respondents were interdicted from proceeding with the election/appointment and gazetting process of candidates to sit in the River Authority Board pending an appeal lodged by the applicants before the High Court on February 22, 2023.
Resolution
In his founding affidavit, Mthinini Dlamini, who is the chairperson of first respondent (Siphofaneni Irrigation District) informed the court that on November 22, 2022, the applicants received a resolution on the appointment of members of River Basin Authorities from the fourth respondent (National Water Authority). He averred that the resolution among other things arbitrarily determined that the gazetted and ex- officio members of the irrigation districts would not be eligible to be appointed as members of the River Basin Authority.
“Immediately thereafter, the Joint River Basin Authority Project Board and the director of Water Affairs were tasked to embark on an election exercise countrywide, to elect members of the five River Basin
Authorities, the advertisement of which was published in the Times of Eswatini newspaper on November 3, 2022,” submitted Dlamini. He further narrated to the court that, this was allegedly barely seven days from the date of receipt of the resolution of the National Water Authority, which was to dictate the criteria for candidates who were eligible to be elected in the process and more or so to enforce disqualification of the applicants’ members.
Dlamini submitted that on November 30, 2022, the election process kicked off at the Komati River Basin and it was therein that the first opportunity presented itself for the applicants to voice out their opposition to the resolution and further called for the elections committee to defer the same to a date when the grievances were to be addressed.
“Apart from the resolution which the applicants believe was unfair and irregular, at the Komati River Basin Authority elections, the third applicant (Emandla Ekuphila Irrigation District) raised concerns on
the non-adherence of the usual notice periods for proposed elections, reports not being furnished by the outgoing Board, the conflict of having subordinate body conducting elections of its master. None of these were addressed by the first and second respondent,” contended the deponent.
He alleged that the applicants and the electorate shared the same sentiments, but they were dismissed and told that the Board of the National Water Authority had been dissolved and therefore, the matter, more particularly the resolution could not be considered or reversed.
“Consequently, it was either the parties in attendance that elected the members which they deemed qualify for the Komati Basin Authority Board, pursuant to the resolution or the director of Water Affairs did so on their behalf without any further consultation,” he argued.
He contended that in view of that threat, the Komati River Basin electorate allegedly participated in the forced elections and voted for candidates other than those who were gazetted
members of the applicants.
“The applicants then lodged a formal complaint requesting the resolution to be reviewed and set aside, in an effort to reach an amicable settlement of the matter for the benefit of all water users in the country. Unfortunately, that plea was neither entertained nor acknowledged by any of the parties concerned,” submitted Dlamini.
The deponent went on to inform the court that it had come to their attention that the Joint River Basin Authority Project Board and the director of Water Affairs had made an invite to various stakeholders, requesting that they should privately nominate candidates and submit their names for consideration by the minister of Natural Resources and Energy, when appointing suitable members to sit in the Board of the Usuthu River Basin Authority.
The matter which is still pending in court was before Judge Mzwandile Fakudze and appearing for the applicant is Lindokuhle Methula of Henwod and Company.