Constitution of the Kingdom of Swaziland, 2005
eSwatini
Part 1(c) – Elections and Boundaries Commission
90.
Elections and Boundaries Commission
(1)
There shall be an independent authority styled the Elections and Boundaries Commission (“the
Commission”) for Swaziland consisting of a chairperson, deputy chairperson and three other
members.
(2)
The members of the Commission shall be appointed by the King on the advice of the Judicial Service
Commission.
(3)
A person shall not be appointed member of the Commission where that person—
(4)
(a)
is a member of Parliament;
(b)
is or has been in the last five years actively engaged in politics;
(c)
is a public officer other than Judge of a superior court or magistrate;
(d)
is an unrehabilitated insolvent;
(e)
has been convicted of an offence involving dishonesty in any country during the last ten
years.
A person shall be deemed to be “actively engaged in politics” or to have been so engaged during the
relevant period or any part of that period where that person—
(a)
is or was at any time during that period a member of the House or a Senator;
(b)
is or was at any time during that period, nominated as a candidate for election to the House
or Bucopho committee; or
(c)
is or was at any time during that period the holder of an office in any organisation that
sponsors or supports or has at any time sponsored or supported a candidate for election as a
member of the House or Bucopho committee.
(5)
The members of the Commission shall be appointed for a period not exceeding twelve years without
the option for renewal.
(6)
The chairperson, deputy chairperson and the other members of the Commission shall possess
the qualifications of a Judge of the superior courts or be persons of high moral character, proven
integrity, relevant experience and demonstrable competence in the conduct of public affairs.
(7)
The functions of the Commission shall be to—
(a)
oversee and supervise the registration of voters and ensure fair and free elections at primary,
secondary or other level;
(b)
facilitate civic or voter education as may be necessary in between elections;
(c)
review and determine the boundaries of tinkhundla areas for purposes of elections;
(d)
perform such other functions in connection with elections or boundaries as may be
prescribed;
(b)
produce periodic reports in respect of work done.
[Please note: numbering as in original.]
(8)
Three members of the Commission including either the chairman or deputy chairman shall
constitute a quorum.
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