Elections Order, 1992
Kings Order in Council 2 of 1992
- Published in Swaziland Government Gazette Extraordinary 918 on 16 December 1992
- Assented to on 10 December 1992
- Commenced on 16 December 1992
- [This is the version of this document at 1 December 1998.]
1. Short title and commencementThis order may be cited as the Elections Order, 1992, and shall come into force upon publication in the Gazette.
2. InterpretationIn this Order unless the context otherwise requires—“approved form” means the approved Form listed and numbered in the First Schedule;“candidate” means a person who is nominated for election as a member;“competent witness” means—(a)a chief or Induna of Chiefdom;(b)a person who, within Swaziland, holds the office of, or appoint as, a district assistant, registration officer, returning officer, or a town clerk of a municipality or a chairman or secretary of a town council or town board or police officer of or above the rank of sub-inspector; or(c)an Ambassador or High Commissioner of Swaziland or a member of his staff outside Swaziland who has been appointed by him as competent witness;(d)a person who, within or without Swaziland, is or holds the office of, or appointment as, an advocate, attorney, magistrate, bank manager, consular officer of a country or territory of the Commonwealth, commissioner of oath, justice of the peace;but does not include candidate for election or election agent;“corrupt practice” means a corrupt practice as described in Part II;“counting officer” means an officer, appointed as such under section 3;“election” means an election in terms of section of the Establishment of Parliament of Swaziland Order 1992;“election agent” means an election agent appointed under section 15 by or on behalf of a candidate or his agent for an election and includes, where the candidate has appointed himself as his election agent, the candidate acting in his capacity as election agent;“electoral officer” means an electoral officer designated under section 3;“election petition” means a petition referred to in the Parliament (Petitions) Act No. 16 of 1968;“illegal practice” means an illegal practice as defined by section 67;“Indvuna yeNkhundla” means the Indvuna appointed by the King in terms of section 4 of the Establishment of Parliament of Swaziland Order, 1992;“lnkhundla” means Inkhundla as proclaimed under section 3 of the Establishment of Parliament of Swaziland Order of 1992 and for the purpose of this Order includes Umphakatsi and polling division;“intoxicating liquor” has the same meaning as is assigned to “liquor” or “intoxicating” under the law relating to liquor licences;“member” means an elected member of the House of Assembly;“Minister” means the Minister responsible for Tinkhundla;“nomination day” means the day specified under section 4 as nomination day;“nomination paper” means the approved Form No.12;“official mark” means a mark decided in accordance with section 18;“official seal” means a mark or seal approved under section 18;“payment” means any pecuniary or other reward;“pecuniary reward” or “money” includes any office, place of employment, valuable security or other equivalent of money, and any valuable consideration, and any expressions referring to money shall be construed accordingly;“polling agent” means a polling agent appointed under section 15;“polling day” means the day or days specified under section 4 as polling day;“polling division” means a polling division specified under section 11;“polling officer” means a polling officer appointed under section 5;“polling station” means a polling station specified under section 11;“presiding officer” means a presiding officer appointed under section 3;“printing” includes typewriting, reneoing, lithography, photography, and all other modes of representing or reproducing words in visible form;“public meeting” means a meeting consisting of ten or more persons held in a public place;“public place” means a place to which for the time being the public, or any section of the public, is entitled or permitted to have access, whether on payment or otherwise including Imphakatsi;“registered voter” means a voter whose name appears on the voters list;“returning officer” means a returning officer appointed under section 3;“speaking apparatus” means an apparatus adapted or constructed for the amplification or reproduction of the human voice;“tendered ballot paper” means a ballot paper referred to in section 32;“Umphatsi-Lukhetfo” means the Umphatsi-Lukhetfo or Chief Electoral Officer appointed by the King in terms of section 3 of, the Voters Registration Order 1992;“valuable consideration” includes any office, place of employment, valuable security or other equivalent for money or pecuniary reward;“voter” means a person whose name is on a voters list;“voters list” means the voters list for an Inkhundla, and where applicable includes a supplementary voters list, and“registration” and its grammatical variations shall by construed accordingly.
3. Appointment of returning and other election officers
4. Writ of election
5. Nomination of candidate
6. Decision as to validity of nomination paper
7. ***[Due to a numbering error in the original text, Section 7 never existed.]
8. Withdrawal of candidature
9. Uncontested elections
10. Contested elections
11. Polling division and polling stations
12. Power to adjourn polling day in event of emergency
13. Death of candidateIf after the polling day has been fixed for an election in any Inkhundla, any duly nominated candidate thereat dies before the poll has commenced, the Umphatsi-Lukhetfo shall, upon being satisfied of the fact of the death, withdraw so far as it concerns the Inkhundla the notice fixing the polling day, and all proceedings relating to that election shall be commenced afresh in precisely the same manner as if a vacancy had occurred:Provided that no fresh nomination shall be necessary in the case of a candidate who was duly nominated at the time when such notice was withdrawn.
14. Requisition of building for polling station
14bis. Printing of ordinary and tendered papers
15. Candidate’s agents and messenger
16. Furniture for polling stationsThe returning officer shall ensure that the following furniture is provided at each polling station before the day of the poll—
17. Forms, stationery and equipment for polling stations
18. Official mark and instrument
19. Ballot boxesA ballot box, which shall be provided with a lock or other device for securing it when closed, shall be so constructed that ballot papers cannot be removed therefrom without opening the lid which shall be attached by hinges and have an aperture of sufficient size to permit of the introduction of ballot papers into the ballot box.
20. Declaration of secrecy
21. Notice at polling station
22. Admission to polling stations
23. Right to enter polling boothSubject to section 25(3) and 33 no person other than a voter desirous of voting shall enter a polling booth during the hours of polling, and in no case shall more than one voter be in a polling booth at the same time.
24. Presiding officer’s duties
25. Polling booth
26. Sealing of ballot boxes before commencement of poll
27. Assistance to voters by election officerExcept as provided in this Order the presiding officer or polling officers shall not give any assistance or explanation to a voter beyond—
28. Interference with voter
29. Questions to voter
30. Circumstances under which ballot paper may be refused by presiding officer
31. Issue of ordinary ballot papers
32. Issue of tendered ballot papers
33. Marking of ballot paper
34. Disposal of marked ballot paper
35. Marking of ballot paper by presiding officer
36. Spoilt ballot paper
37. Close of poll and making up of election material
38. Procedure of poll on more than one day
39. Adjournment of poll in case of riot
40. Delivery of election material to returning officerThe ballot boxes, the envelope in the approved Form No.33 containing the official seal and parcel under label in the approved Form No.32 containing the other election materials shall be delivered to the returning officer personally or by a person deputed for the purpose by the presiding officer:Provided that it shall be sufficient for a presiding officer referred to in section 35(2) to forward such ballot boxes, envelope and parcel forthwith by diplomatic bag to the returning officer.
41. Receipt of election material by returning officerThe returning officer shall receive into his custody the ballot boxes and other election material mentioned in section 40 and shall, as soon as practicable after he has received all the ballot boxes and other election material, make arrangements for counting the votes given at the election and for that purpose shall give notice in writing to each candidate or his election agent of the time when and the place where those votes will be counted.
42. Persons allowed inside place of countingThe returning officer shall be in charge of the place where the counting of votes takes place and no person shall be admitted thereto by him, except Umphatsi-Lukhetfo, the electoral officers, the counting officers, the candidates and one election agent for each candidate:Provided that the presiding officers or their deputies shall be admitted for the purpose of delivering the ballot boxes and other election material.
43. Requisite at countingThe returning officer shall take with him into the place where the counting of votes is to take place—
44. Checking of election material
45. Counting of votes
46. Dealing with doubtful ballot papersThe counting officer shall put aside for the decision of the returning officer all ballot papers—
47. Returning officer’s decision on doubtful ballot papersSubject to section 48, the returning officer shall, with such candidates or their agents as may desire to do so, scrutinize a ballot paper put aside for his decision, and shall, after considering any objections or arguments put forward in connection therewith by any candidate or his agent, decide—
48. Rejection or acceptance of ballot papers
49. Declaration of result
50. Publication of name of successful candidateAs soon as Umphatsi-Lukhetfo has received an endorsed writ in accordance with section 4 and section 49 he shall forward it to the King and shall publish in the Gazette the result of the election and the names of the members so elected.
51. Opening of envelopes and other action by returning officerAs soon as possible after the declaration of the result of the poll, the returning officer shall—
52. Disposal of election papers
53. Opening or inspection of election papers
54. Disqualification as polling agentNo returning officer or other officer appointed under this Order or a partner or clerk of such officer shall be or act as polling agent.
55. Disqualification as officerNo person shall be appointed to be or to act as an officer for the purposes of this Order in connection with an election who has been employed by or on behalf of a candidate.
56. Candidate’s powers
57. Non-attendance of agentWhere in this Order an act or thing is required or authorized to be done in the presence of an agent of a candidate the non-attendance of any agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
58. Secrecy of votingNo person shall, in any proceedings relating to an election, be required to disclose for whom he has voted.
59. Impartiality of election officersThe electoral officers, returning officers, polling officers and counting officers shall maintain the strictest impartiality in the discharge of their duties, and shall not, by anything in their speech or manner, give cause for imputing or suspecting the contrary.
60. Penalty for interference with election proceedingsA person who wilfully interrupts, obstructs, disturbs, or interferes with any proceedings relating to the conduct of a poll or the counting of votes shall be guilty of an offence and liable on conviction to a fine of five hundred emalangeni or, in default of payment thereof, imprisonment for three months.
61. Penalty for infringement of secrecy
62. Offence relating to ballot papers and other documents
Part II – Corrupt practices and other offences
64. Undue influence
67. Penalties for corrupt and illegal practices
68. Meeting on premises where liquor is usually sold
69. Penalty in respect of certain employment
70. Penalty for employer not allowing employee reasonable period for voting
71. Prohibition of flags, speaking apparatus and sale of intoxication liquor
Part III – General
72. Inaccurate description of person or placeNo misnomer or inaccurate description of a person or place named or described in a voters list, notice or other document prepared or issued under or for the purposes of this Order shall in any way affect the operation of this Order in relation to that person or place if such person or place is so designated in the voters list, notice or document as to be identifiable.
73. Defacement of noticeA person who without lawful authority destroys, mutilates, or removes a notice which is exhibited under the authority of this Order, or a document which is made available for inspection in accordance with this Order, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or, in default of payment thereof, to imprisonment for one month.
74. Variation of period
75. Approval of forms, and official seal (First Schedule)
76. Registration of photographsUmphatsi-Lukhetfo shall keep duly certified photographs of the candidates for use at elections.
History of this document
01 December 1998 this version
16 December 1992
10 December 1992