What remedies are available in the first instance?

Eswatini

Eswatini

Answer
  • Annulment of results
  • Correction of results
Source

Constitution 2005, Article 105

The High Court shall have jurisdiction to hear and determine anyquestion whether –

(a) any person has been validly elected or appointed as a Memberof Parliament;

(b) any person has been validly elected as President, DeputyPresident, Speaker or Deputy Speaker; or

(c) any person, having been validly elected as President, DeputyPresident, Speaker or Deputy Speaker, has validly vacated that office.

http://aceproject.org/regions-en/eisa/SZ/CONSTITUTION%20OF%20THE%20KINGDOM%20OF%20SWAZILAND%202005.pdf

Parliament(Petitions) Act, 2013. Art. 7 & 11

HOUSE OF ASSEMBLY

Avoidance of election or appointment ofcandidate on petition.

7.                         (1)                       The election orappointment of a candidate as a Member shall not be questioned except on apetition presented to the court requesting that the election or appointment bedeclared void.

(2)       The election orappointment of a candidate as a Member shall be declared void on any of thefollowing grounds, which are proved to the satisfaction of the court, namely–

(a)               that, by reason of corrupt practices or other circumstances, the majorityof voters were or may have been prevented from electing the candidate theypreferred;

(b)              subject to sections 10 and 13, that an offence in connection with theelection was committed by the candi­date;

(c)               subject to section 16, that there was a non-compliance with theConstitution and the Elections Act;

(d)              that the candidate was, at the time of the election or appointment of thecandidate, a person not qualified, or was a person disqualified, for electionor appointment as a Member.

Votes to bestruck off at scrutiny.

11.                       (1)                       On a scrutiny at thetrial of a petition, the following votes only shall be struck off, namely−

(a)               the vote of a person whose name was not on the register of votersassigned to the polling station at which the vote was recorded or who has notbeen authorised to vote at the station under the provisions of section 48 (1)(a) of the Elections Act;

(b)              the vote of a person whose vote was procured by bribery, treating orundue influence;

(c)               the vote of a person who committed or aided, abetted, counselled or pro­curedthe commission of the offence of personation at the election;

(d)              the vote of a person proved to have voted more than once at the election;and

(e)              the vote of a person who was disqualified, under section 89 of theConstitu­tion, from voting at the election.

(2)       Thevote of a registered voter shall not, except in the case specified insubsection (1)(e), be struck off at a scrutiny by reason only of the voter nothaving been, or not being, qualified to have the name of that voter entered onthe register of voters.

(3)       On a scrutiny, a tenderedvote proved to be a valid vote not added to the poll shall, on the applicationof a party to the petition, be added to the poll.

Relief which may be claimed.

15.              Allor any of the following reliefs to which the petitioner may be entitled, may beclaimed in a petition under Part II or III, namely−

(a)               a declaration that the election or appointment was void;

(b)              a declaration that the nomination of theperson elected was void;

(c)               a declaration that a candidate was duly elected or appointed; and,

(d)              where theseat is claimed for an unsuccessful candidate on the ground that theunsuccessful candidate had a majority of lawful votes, a scrutiny.

http://aceproject.org/ero-en/regions/africa/SZ/swaziland-parliamentary-petitions-act-2013/at_download/file

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