Constitution of the Kingdom of Swaziland, 2005
(4)
86.
87.
88.
89.
eSwatini
A person is not entitled to stand as a candidate for election in terms of this section or section 86
unless that person is registered as a voter in that inkhundla or Region.
Representation of women
(1)
Where at the first meeting of the House after any general election it appears that female members
of Parliament will not constitute at least thirty per centum of the total membership of Parliament,
then, and only then, the provisions of this section shall apply.
(2)
For the purposes of this section, the House shall form itself into an electoral college and elect not
more than four women on a regional basis to the House in accordance with the provisions of section
95(3).
Election by secret ballot
(1)
The election of persons to any chamber of Parliament or Bucopho shall be by secret ballot at both
primary and secondary levels or any other level in accordance with the first-past-the-post system in
which the person receiving the highest number of votes is elected.
(2)
For the purposes of subsection (1), the votes shall be cast in ballot boxes of a design calculated to
ensure efficiency and reliability.
(3)
Notwithstanding the principle of secrecy, a voter who is handicapped may be assisted in casting the
vote.
(4)
All nominations for Bucopho, or member of Parliament shall be open and supported by at least ten
persons qualified to vote in that inkhundla.
(5)
At the primary level, there shall be no canvassing for votes as persons are nominated (that is,
invited to serve) on the basis of their being known to that community.
(6)
For purposes of this section, nomination or election at “primary” or “secondary” level means
nomination or election of the elected member of Parliament or Bucopho as the case may be at the
level of chiefdom or polling division or inkhundla respectively.
Qualification as a voter
(1)
Subject to the provisions of section 89, a person is qualified to be registered as a voter if, and is not
otherwise qualified unless, that person has attained the age of eighteen years and is a citizen of or
is ordinarily resident in Swaziland.
(2)
A person qualified for the purposes of this section is entitled to be registered as a voter in one
inkhundla only.
(3)
A person is “ordinarily resident” in Swaziland where that person has lived in, or has been associated
with, that inkhundla for a period of not less than five years or is permanently resident in Swaziland
and has relevant documents to that effect.
Disqualification as a voter
A person is not qualified to be registered as a voter or to vote where that person—
(a)
is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time
being in force in Swaziland;
(b)
is, for an act which is a criminal offence under the law of Swaziland, under sentence of death or life
imprisonment imposed on that person by a court in any country; or
(c)
is disqualified for registration as a voter under any law for the time being in force in Swaziland
relating to offences connected with elections.
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