MBABANE:Prince Mhlabuhlangene, the Chairman of the Elections and Boundaries Commission(EBC) says, the Commission,as an independent institution,will not be directed or influenced by anyone in Government not to respond to the Swaziland News and it’s editor Zweli Martin Dlamini.
This comes after Government Spokesperson Alpheous Nxumalo issued a directive to all public officials not to respond to the Swaziland News and it’s editor Zweli Martin Dlamini, Nxumalo labelled Dlamini and the publication as terrorist entities.
But in a text message sent to the editor on Sunday evening,the EBC Chairman said, regardless of political differences,the editor “has the best interest of the country” and his DNA,by birth like other emaSwati,is just that.
The Elections Commission Chairman who is a lawyer by profession said, the so called ban by Government does not exist in law as it was not an Act of Parliament adding that anyone who feels obligated to implement it will be morally doing so without any legal obligation.
“In terms of The Elections and Boundaries Commission Act, 2013, in keeping with our political objectivity or neutrality, we are under no legal obligation to be influenced or directed to by anybody and more so the Executive Arm of government.Our functional independence is protected by the law in the interest of the credibility and integrity of all the country’s general elections we conduct”, said the Elections and Boundaries Commission(EBC)Chairman.
On another note,the EBC Chairman said, he was not aware that the editor has been banned by Government until he saw a response by King’s Spokesperson.
“Well, Nkhosi,I only got to be aware of this matter,when learning of the King’s Office response,which in my personal view is quite correct and redeems the rulership institution of the Monarchy in the country and the government itself from the obviously negative political and constitutional law ramifications a typical government ban as opposed to, what is in this case,one would call an Executive government request and/or recommendation regarding communication engagements with government proscribed entities and individuals by some state institutions and public officials.My understanding is that this could not have been intended to be issued as a ban or a directive in the strict sense with the force of legal consequences, principally because, indeed our government is a constitutional and democratic government by its own admission and declaration,which I agree with.As such, the implication of being a constitutional government implies that, any Executive ban or order by government, however, worded or titled, will always be one to be interpreted in favour of respecting the fundamental law of the country, being the 2005 Kingdom of Eswatini Constitution, in namely the Bill of Rights therein.This is the fundamental definition of a constitutional and democratic government.Hence, the view, that, while called a ban or order or directive, strictly speaking it is at best a mere recommendation, creating what I would say is a moral and but not a legal obligation. It is a declaration that is meant to appeal to the moral conscience of state institutions and public officials towards proscribed entities.Further, in order for a ban or directive to have legal consequences, coming from the Executive Arm of any government,it can only be so if done with the sanction of the Legislature in the form of an Act of Parliament, where not already empowered by Parliament in the form of regulatory power.This is primarily because of the value of the government’s respect for The Rule of Law, namely, the Bill of Rights.As, such, my personal view and understanding, is that, honoring the directive, is a matter of only a moral obligation at best, as no legal consequences can arise from a derogation of the same, especially where such derogation would be done on the basis of expressing any of the rights protected and guaranteed in the Bill of Rights under the Constitution”,said the EBC Chairman.
Elections Commission Chairman Prince Mhlabuhlangene.