eSwatini
Parliament (Petitions) Act, 1968
Act 16 of 1968
- Assented to on 20 August 1968
- Commenced on 23 August 1968
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Parliament (Petitions) Act, 1968.2. Interpretation
Part I – Senate
3. Avoidance of election, or appointment of candidate on petition
4. Who may present petition
A petition under this Part may be presented to the court—5. Time for presentation of petition
6. Votes to be struck off at scrutiny
On a scrutiny at the trial of a petition under this Part, the following votes only shall be struck off, namely—Part III – House of Assembly
7. Avoidance of election on appointment of candidate on petition
8. Who may present petition
A petition under this Part may be presented to the court—9. Time for presentation of petition
10. When court may hold certain acts or omissions to be exempt from the provisions of the Electoral Act, No. 4 of 1971
11.
Part IV – Senate and House of Assembly
12. Report of court as to corrupt practice or other offence in connexion with election
13. Exoneration of candidate in certain cases of corrupt practice or other offence by agent
14. Disciplinary action on report of corrupt practice
Where a legal practitioner is found by the Court to have been guilty of a corrupt practice with reference to an election, the registrar of the court shall report the matter to the Attorney-General who shall take such disciplinary action, in accordance with the law relating to legal practitioners, as he considers to be suitable.15. Relief which may be claimed
All or any of the following reliefs, as appropriate, to which the petitioner may be entitled, may be claimed in a petition under Part II or III, namely—16. Where failure to comply with the Assembly and Senate Acts does not affect result of election
For the purposes of sections 3(2)(c) and section 7(2)(c) where, upon the trial of a petition respecting and election, the court finds that there was a failure to comply with a provision of the Senate Act or, as the case may be, of the Electoral Act, No. 4 of 1971 and the court is satisfied, after giving the Attorney-General an opportunity of being heard, that the election was conducted in accordance with the principles laid down in the appropriate Act, and that the failure did not affect the result of the election, then, by reason of the failure, the court shall not declare the election of the successful candidate void nor shall he be subjected to any incapacity.[Amended A.4/1971]17. Trial of petition
18. Witnesses required to answer questions
19. Certificate of court as to validity of election or appointment
Part V – President and Speaker and their deputies
20. Petition relating to election of person as President or Deputy President of Senate
21. Petition relating to election of person as Speaker or Deputy Speaker of House of Assembly
Part VI – Vacant seat
22. Petition relating to vacant seat
Part VII – General
23. Respondent not opposing petition
24. Special case
25. Practice and procedure
26. Extension of time
The court may, where it considers justice so requires, extend any period of time within which any act is required or permitted to be done in terms of this Act.History of this document
23 August 1968
Commences.
20 August 1968
Assented to.
Cited documents 2
Documents citing this one 7
- Gina v Attorney General and Others [2003] SZHC 113 (5 December 2003)
- Khumalo v Thwala and Others (2865 of 2003) [2004] SZHC 28 (8 March 2004)
- Makhubu and Chief Electoral Officer and Others [2003] SZHC 114 (5 December 2003)
- Msibi v Shongwe and Others [2004] SZHC 157 (17 September 2004)
- Swaziland Government and Another v Sibandze (2667 of 2003) [2004] SZHC 31 (11 March 2004)
- Swaziland Government Gazette dated 1992-12-16 number 918
- Swaziland Government Gazette dated 2013-07-26 number 93