By Bahle Gama
Outgoing Ndzingeni Inkhundla Member of Parliament (MP) Lutfo Dlamini says he still stands to win the 2023 general elections. On Friday afternoon, Dlamini moved an urgent application at the High Court objecting to the current MP nominee Bhekithemba Magagula’s qualification for the Secondary elections.
Despite biting the dust in the primary election, he submitted that having won before, he believes he still stands a chance to do so even this year. Dlamini said that when he won, he responded positively to his constituency’s needs and therefore deserves the chance like other candidates.
“I submit that there exist substantial and compelling circumstances for granting the order sought, not only to protect me as a member of the House of Assembly candidate but also to protect the constitutionality of the esteemed election process of the land,” he submitted.
He stated that as a citizen, it is his constitutional obligation to protect and defend every print of the provisions of the constitution, adding that no unqualified person should be allowed to participate in the current electoral process. On September 15, the former MP complained with the EBC regarding the Magagula’s victory in the primary election whom he argues did not submit a letter for leave of absence to participate in the elections.
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In his application, Dlamini alleged that Magagula attacked him for being involved in his nominations and he responded that he was enquiring about compliance with constitutional provision. “I submit that the 3rd respondent (Magagula) admitted that he was not aware of the leave of absence requirement, which was an admission that at the time of nominations, he had not applied for leave of absence and granted same by the Teaching Service,” he submitted.
According to the outgoing MP, filling the letter of absence by Magagula after the nominations was an afterthought. He stated that EBC officials ought to have not accepted the leave of absence after the nominations and Magagula should have been disqualified. Dlamini further stated that when he insisted on the anomaly in Magagula’s nomination, the presiding officer identified as Mahlindza did not have the powers to make a drastic decision to disqualify the MP nominee.
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Dlamini said he immediately advised them that their response was irresponsible because their role was to ensure that nominations comply with the enabling Act along with the Constitution. “However, they convinced me that, they too have noted the anomaly and they shall report the anomaly to the EBC Chairman. I submit that after a week or so, I called Mahlindza who advised that, they have indeed reported my matter to the EBC Chairman and were promised the matter would be considered,” he submitted.
He further submitted that he made further follow-ups and was promised feedback but to date nothing was forthcoming and his last telephonic follow-up was on September 13. Upon being told by the presiding officer that no response was received he was left with no alternative than to approach the High Court having formally written a letter to the EBC Chairman which he said had unfortunately too elicited no courtesy of a response.
Dlamini stated that the purpose of the application mainly is to declare Magagula’s nomination and subsequent election unconstitutional as far as he has failed to produce a leave of absence letter.
“I submit he is constitutionally disqualified to stand for election for the House of Assembly as envisaged in Section 97 (1) (c) of the Constitution. I also seek that the 3rd respondent’s election be declared a nullity for want of compliance with the Constitution,” he submitted.
He further applied for a stay of the Secondary Elections under the Ndzingeni constituency pending the finalization of the matter. He said failure to do so will render his application hallow and academic since the secondary elections have been scheduled for September 29. “I have a clear right to institute these proceedings because I am a candidate for the House of Assembly under the very chiefdom at Nkamanzi and the Endzingeni constituency,” he said.
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Dlamini submitted that he has been made to compete with a non-qualifying candidate to his prejudice, citing that as a citizen of Eswatini, he is enjoined to defend and enforce the constitution. He further stated that the balance of convenience favours that the order be granted in his favour in that Magagula’s nomination and subsequent primary election for the House of Assembly is unconstitutional.
He said it undermines the very existence of the Constitution and the establishment of the House of Assembly, adding that there is no way Magagula is expected to legislate wherein his very own acquisition of his seat as Member of Parliament position is fraught with allegations and unconstitutional.
“I submit that a breach of the constitution undermining the elections process is a ground for urgency.
I have also been misled by the EBC officials whom I have been making follow-ups with, that the matter is being handled and I will be advised,” Dlamini submitted.
The matter will be appearing in Court on Monday morning.
