Dlamini and Others v Charmain of the Elections & Boundaries Commission and Others (3446 of 2008) [2008] SZHC 172 (3 September 2008)

IN THE HIGH COURT OF SWAZILAND

HELD AT MBABANE

CASE NO. 3446/08

In the matter between:

SIBUSISO MABHANISI DLAMINI & OTHERS APPLICANTS

and

THE CHAIRMAN OF THE ELECTIONS &

BOUNDARIES COMMISSION 1^st RESPONDENT

THE ATTORNEY GENERAL 2^nd RESPONDENT

SIBUSISO NKHAMBULE 3^rd RESPONDENT

PURINE BHEMBE 4^th RESPONDENT

FRANS MAZIBUKO 5^th RESPONDENT

CORAM: Q.M. MABUZA-J

FOR THE APPLICANTS: MR. MSIBI

FOR THE RESPONDENTS:MR. T. DLAMINI & MR. MSIMANGO

• The consent orders on the file covers indicates to me that there was condonation of whatever ill there was with the 2^nd application.

[2] re: Urgency

This point has been overtaken by events and has fallen away.

[3] There are two issues that are of paramount importance and that influence the courts decision.

• The report by the Registrar shows that the observation by consent of the parties hereto showed that there were no unused ballot papers in respect of member of Parliament, Bucopho and Indvuna yeNkhundla. This leaves a doubt in the mind of the court as to the possibility that more people may have wished to vote. In this respect the court has regard to the fact that voting started late on the 23/8/08 because the ballot papers arrived late. That even though voting started on time on the 24/8/08 the ballot papers ran out at 12.30 p.m. until 15.45 p.m. when more ballot papers were provided and these also got finished.