Secret ballot for senators election
11 October, 2013 07:00:00 By Winile Masinga
ELECTION of senators will be done through secret ballot this time.
Unlike in the past, where members of parliament openly nominated and voted for candidates, the legislators will cast secret ballots when voting this year.
The election of senators is part of the parliament formation process. Now that the House of Assembly has been completely formed, members have a duty to elect 10 members of senate. 20 more are appointed by His Majesty King Mswati III.
This is done on the first sitting after members of the House of Assembly are sworn in. In the past, the election of senators was done openly. Members would just nominate candidates and then be given pieces of paper to write the name of the person they voted for.
Elections and Boundaries Commission Chairman Chief Gija explained this on radio on Wednesday. He said this time, they would be provided with ballot papers which they would use to cast their votes. He explained that each member present shall vote in person and no member would be allowed to vote by proxy.
The Elections Act of 2013 states that after swearing in, the House shall then proceed to elect 10 members of senate.
“The House shall thereafter proceed to elect the required number of senators at least half of whom shall be female, elected in such manner as may be prescribed by or under any law at their first meeting so as to represent a cross section of the Swazi society in terms of section 94 (2) of the Constitution and thereafter shall adjourn to a date to be determined by the Speaker.”
According to the Act, the Clerk to Parliament acts as returning officer, and would do things necessary for the conduct of the election, as required by the Act. This would be done with assistance of public officers whom the clerk would have designated for the exercise.
The Senate Elections process
5. (1) When the House of Assembly first meets after any general election and as soon as the House shall have elected a person to be Speaker in terms of section 102 of the Constitution, the House shall immediately proceed to the business of the election of Senators.
(2) On the day of nomination, the Speaker shall call for nominations of candidates for election in the female and male category.
(3) An unsuccessful candidate in the recent general election shall not be considered for nomination.
(4) Every candidate for election shall be proposed by a member and seconded by another member.
(5) Every nomination shall be made to the returning officer and shall be on the approved Form S.E.1., in this Act referred to as a “nomination paper”.
(6) In making a proposal for candidacy, a member shall write the name of the candidate which that member proposes in the nomination paper placed at the seat of that member and that member shall also write his or her name as proposer and thereafter sign the nomination paper.
(7) A nomination paper shall contain the name of only one candidate, and no member shall sign more than one nomination paper as a proposer.
(8) Upon the proposal of a candidate, by a member under sub-section (6), any member may second that proposed candidate and shall indicate by writing that member’s name in the nomination paper.
(9) Every nomination paper shall be folded as guided by the returning officer and then delivered into a ballot box and the returning officer and assistant returning officer shall then open the nomination papers and determine the names of the persons who have been proposed as candidates.
(10) The returning officer shall then consider the nomination paper and where the paper indicates that the candidate was duly proposed by a member and seconded by another member the proposed candidate shall be declared nominated.
(11) In the event of any member signing more than one nomination paper as a proposer, every nomination paper so signed shall be invalid and shall be rejected.
(12) The returning officer shall thereafter notify the Speaker who shall inform the members about the names of proposed candidate who have been duly nominated.
(13) Every candidate shall, for the purpose of accepting a nomination, sign the nomination paper relating to that candidate, but if that candidate is not interested that candidate shall not sign the nomination paper.
(14) Subject to subsection (15), every proposer, seconder and candidate, shall sign the nomination paper in the presence of the returning officer, the Assistant returning officer or the Clerk to the House, who shall also sign the nomination paper as witness and state on the nomination paper their office and the date of signing.
(15) Notwithstanding sub-section (14), a candidate may, by letter including a faxed letter or electronic mail with a signature, personal identification number, voter registration number of the candidate, addressed to the returning officer, notify the acceptance by the candidate of a nomination of that candidate.
(16) Before witnessing any signature in terms of sub-section (14), the returning officer, the Assistance returning officer or the Clerk to the House shall satisfy oneself as to the identity of the signatory and draw the attention of the signatory to the provisions of this section.
Voting
13 (1) The returning officer, having ascertained that the person desiring to vote is entitled to do so, shall enter the voter registration number of that person upon the counterfoil in the ballot paper book.
(2) The returning officer shall then tear out the ballot paper corresponding to that counterfoil, and having marked the ballot paper on both sides with the official mark provided for the purpose, shall hand the ballot paper to the member.
(3) Every ballot paper shall be in the approved Form S.E.2., and there shall be typed or printed on every ballot paper, in alphabetical order, the full names of all the duly nomi¬nated candidates at the election and their addresses and occupations.
