Election of Women Members of the House of Assembly Act. 2018

09. The Election of Women Members to the I-louse of Assembl y Act, 20 18 SI PUBLISHED BY AUT HORITY SI PART 8 THE ELECTION OF WOMEN MEMBERS TO THE HOUSE OF ASSEMBLY ACT, 2018 (Act No. 09 of 20 I 8) I ASSENT MSWATI III King of Eswatini 2l"June,2018 AN ACT ENTITLED • AN ACT to provide for the spec ial election of women members to the House so as to give dfect to section 95 and 86 of the Constitution of Eswatini, 2005. and provide for the process and 111ode ofno111inat ing and the election of the \vomen members to the House. the monitoring of the elect ions and incidental matters. ENACTED by the King and the: Parliam ent of the Kingdom ofEswat ini. AR RA NGEMENT OF SECT IO NS Section PART I PRELIMINARY PROVISIONS I. Sho rt title and commencement

2. Interpretations PART II ELECTION OF WOMEN MEMBERS TO THE HOUSE

3. Application

4. List of nom inated women

5. Electoral College

6. Number of women members to be elected

7. Qualification for nomination by House

8. Nomination by House

9. Form and manner of nominations S2 I0. Publication of li st of nominated cand idates

11. Canvassing for votes

12. Death of nominated candidate before election

13. Polling station

14. Election material

15 . Poll ing day PART III VOTfNG AND VOTING PROCEDURE

16. Right to vote

17. Hours of vo ting

18. Voting

19. In va lidity of ballot paper

20. Value of ballot paper 2 1. Disregard of fract ions

22. Co un ting votes

23. Surplus

24. Exc lusion of candidate lowest on poll

25 . Completion of transfer proceedings.

26. Candidate to be dec lared elected

27. Continuing candidates declared elected.

28. Regard to be had to original vote before surplus is distr ibuted.

29. Notice after elections

30. By-election to fill vaca ncy of woman PART I PRELIMINARY PROVISIONS Short title and comme11ceme11t I. (I) Thi s Act may be cited as th e Election of Women Members of the House of Assembl y Act. 2018. S3 (2) Thi s Act shall come into fo rce on the date to be appo inted by the Mi nister. /11terpretatio11

2. In this Act, unless the context otherwise requires - ·'candidate" means a woman nominated for election as a member of Parliament; ·'C lerk" means the Clerk to Parliament; ··Comm ission .. means the Elections and Boundaries Comm iss ion: ·'election'· means an election of the wo men membe rs to the I-louse of Assembly: ·'electoral college·· means all members of the House; ··first meeting of the House·· means the first meeting of the House after the election and appo intment of Senate; --ge neral e lec ti on·· means the election of the elected members of the I-l ouse: --House·· means the I-louse of Asse mbl y: ·•Min ister.. means the Minister re spons ible for elections: ··pub licat ion·· means the publication of the list of nom inated candidates in newspapers and the electronic media: ··returnin g officer .. means the Clerk to Parliament shall b..: assisted by two po lling officers appo inted by the Elections and Boundaries Commission in terms of the Elections Act.20 13: ··Speaker.. mean s the perso n elected in terms or section I 02 (I) of the Co nstitution as Speaker. or in te rm s of sec tion I 03 (2) as Deputy Speaker: ·'wo man··means a female candidate who has reac hed the age of eighteen years. Applicatio11

3. This Act shall apply - (a) at the first meeting of the House after a general election: or (b) where. at the first meeting of the House after a general election. it appears that female members of Parliament will not constitute at least thi11y per centum of the total membership of Parliament. PART II GENERAL PROVISIONS ON ELECTION OF WOMEN MEMBERS TO THE HOUSE List of nominated women

4. The Chairm an of the Commi ssion shall. at the first meeting of the House after a general S4 election, furnish the House with a list of wo men nominated from each Umphakatsi in terms of section 3 I of the Elections Act, 2013. Electoral college.

5. The House shall, for the purposes of this Act, constitute itse lf into an electoral college. Number ofwome11 members to be elected

6. The House shall, under this Act, elect one woman from each region to be members of House. Qualification for nomination.

7. ( I) A woman qualifies for nomination by the House under this Act where that wo man- (a) is registered as a voter in terms of the Voters Registration Act, 2013: and (b) qualifies to be a member of Parliament in tenns of section 96 of Constitution of Eswatini: and (c) has been nominated from an Umphakatsi in terms of section 31 of the Elections Act. 2013 . (2) Where a woman has not been nominated as spec ified under subsect ion (I)( c). the House sha ll make nominations from a Iist to be provided by the Elections and Boundaries Commission of women who shall be specially nominated for the purpose of subsectio n ( I) in term s of section 31 of the Elections Act. 2013_-· No111i11 atio11 by House.

8. ( I) At the first meeting of the members of the House after ge neral elections and subj ect to section 4. the membe rs of the House shall immed iate ly proceed wit h nominating wome n members on regional basis. (2) The members of the House shall nominate not less than three and not more than five women from each region to be members of the House . (3) On the nomination day, the return ing officer shall call for nominations of candidates. (4) Each member may propose not more than five cand idates per region in order of preference of that member and tender to the returning officer a nomination paper. Form and manner of nominations

9. (I) Every nomination shall be made to the returning officer and shall be on the approved Form. (2) In making a proposal for candidacy. a member shall write the names of the candidates whi ch that member proposes in the nomi nation pape r placed at the seat of that me mber and that me mber shall also write hi s name as a pro poser and sign the nomination paper. ss (3) A nomination paper shall contain the names of the proposed candidates, and a member shall not sign more than one nominatio n paper as a proposer. (4) Upo n the proposal of a candidate by a member under sub-section (6), any member may second that proposed candidate and shall indicate by writing that member 's name in the nom ination paper. (5) Every nominati on paper shall be folde d as gu ided by the returning officer and then delivered into a ballot box and the Returning Officer shall then open the nomination papers and determine the names of the persons who have been proposed as candidates. (6) The Returning Officer shall then consider the nominati on paper and where the paper indicates that the candidate was dul y proposed by a member and seconded by another member and has rece ived maj ority proposa ls for a region. the pro posed candidate shall be dec lared nominated. (7) In the event of any member signing more than one nomi nation paper as a proposer. every nomination paper so signed sha ll be in vali d and sha ll be rejected . (8) The Returning Officer shall thereafter inform the members about the names of proposed candidates who have been duly nom inated. (9) Every candidate shall. for the purpose of accepting a nominatio n. sign the nom ination paper relating to that candidate. but if that candidate is not interested. that candidate sha ll not sign the nomination paper. ( I0) Subject to subsection ( 11 ). e\-ery proposer. seconder. and cand idate. shal l sign the n<Jmination paper in the. presence of the returning officer. who shall also sign the nomination p;iper as a \~·itness and stare on the nomination paper their office and the dare of sign ing. ( l I) Notwithstand ing subsect ion (9) . a candidate may. by letter including a faxed letter or ekctronic ma il with a signature. personal ident ification number. vote r reg istration number of the cand idate. add ressed to the Returning Officer. notify the acceptance by the candidate of a nomination of that candidate. ( 12) Before wi tnessing any signature in terms of sub-section ( I 0). the returning officer shall sati sfy oneself as to the identity of the signatory and draw the attention of the signatory to the provisions of this section. Publication of list of nominated candidates l 0. The Commission shall publish the list of nominated candidates in at least two local newspapers and in the electronic media for at least three consecutive clays. Canvassing for votes.

11. ( I) A nominated candidate has the right to canvas for votes from the members of the House at any time afte r nominations. (2) For purposes of canvassing fo r votes. the Com mi ssio n may in consul tation wit h the returning officer allow the nominated cand idates to address the members of the House prior to the po lling clay. S6 (3) During campaigns, the provisions of Sections 42 and 43 of the Elections Act, 2013 shal l apply. Death of nominated candidate before election

12. If a duly nominated candidate dies before the commencement of the sitting at wh ich the election is to proceed, the returning officer shall upon being satisfied of the fact of death. inform the members of that death at the commencement of the sitting and shall call for furth er nominations to be made at the sitting. Polling station.

13. Notwithstanding section 17 of the Elections Act, 2013 , and for purposes of this Act, the Commission in consultation with the Clerk to Parliament shall establish one polling station. Election material.

14. ( I) The returning officer shall ensure that all tools and materials required for purpose of conducting the election as provided in sections 20 and 21 of the Elections Act, 2013 are brought into the polling station. (2) The Commission shall ensure that a copy of this Act is provided on the day of the election . Polling day.

15. ( I) The Elections and Boundaries Comm ission shall in consu ltation with the returning officer fix the polling day for the taking ofth.: poll of the ,rnmen mem b~rs. (2) The polling day for election of women shall- (a) in the case of an election, a day appointed for the taking of the poll which shall be ten days from the date of the last publication of the list of nominated candidates; and (b) in relation to an by-election, a day appointed for the taking of the poll in a by- election which shall be forty five days from date of the occurrence of the vacancy. PART III VOTING AND VOTING PROCEDURE Right to vote.

16. (I) Every member present shall be entitled to vote in person. (2) A member shall cast not more than one vote per region when a poll is taken. Hours ofvotillg.

17. The voting hours shall be prescribed and published by the Comm ission in all the media houses. S7 Voting. I 8. (]) The returning officer, having ascertained that the person desiring to vote is entitled to do so, shall enter the voter registration number of that person upon the counterfoil in the ballot paper book. (2) The returning officer shal l then tear out the ballot paper corresponding to that counterfoil, and having marked the ballot paper on both sides with the official mark provided for the purpose, shall hand the ballot paper to the member. (3) Every ballot paper shall be in the approved Form, and there shall be typed or printed on every ballot paper, in alphabetical order, the full names of all the duly nominated cand idates at the election and their addresses and occupations. (4) When the member has rece ived the ballot paper, the member shall take that ballot paper to the seat of that member and shall there signify in the manner prescribed in section of1he Election Act, 20 13 fo i· whom the member desires to vote . (5) The member sha ll then fo ld the ballot paper so that the official mark is visible. and having held up the ballot paper so that the returning officer can recogni se the official mark. shall drop the ballot paper into the ballot box placed in front of the returning officer. (6) ! fa membe r inadvertently spoi ls a ballot paper. the member may return the ballot paper to the returning officer who shall. if satisfi ed as to the inadvertence. give the member another paper and retain the spo iled pape r. and the spoi led paper shall be immediately cance lled and the fact or that cancellation shall be noted upon the counterfoil. (7) A member in giving the vote - (a) shall place on the ba llot paper of the member the figure I in the square opposite the name of the candidate for whom the member votes: or (b) may. in addition. place on the ballot paper of the member the figure 2 or the figures 2 and 3, or 2, 3 and 4. and so on. in the sq uares opposite the respective names of other candidates in the order of the preference of the member. Invalidity of ballot paper.

19. A bal lot paper shall be invalid- (a) upon which a member signs the name of that member or writes anything or makes any mark by wh ich the name of that member becomes unrecognisable; (b) where it does not bear the offic ial mark: (c) on which the figure I is not marked; (d) on whic h the figure 1 is set opposite the name of more than one cand idate: (e) on which the figure I and some other figure is set opposite the name of the same candid ate: or (t) which is unmarked or vo id for uncertainty. S8 Value of ballot paper.

20. ( I) For the purpose of facilitating the processes prescribed by thi s Act, " value" means the number of valid ballot papers in fav our of the candidate. (2) Each valid ballot paper shall be deemed to be of the value of one. Disregard offractions, etc.

21. In carrying out thi s Act, th e returning officer shall - (a) disregard all fracti o ns; (b) ignore all pre ferences recorded for candidates already elected or excluded fro m the poll. Counting votes

22. (I) '.[he ballot papers shall be examined and the returning officer, after rej ectin g any in va li d ballot papers, shall divid e the rem a ining papers into parcel s according to fir st preferences recorded for each candidate. (2) The returnin g offi cer shall. after di vidin g the remaining papers into parce ls in terms of subsection ( I). co unt the numbe r of papers in eac h parce l. (3) The retu rn ing officer shall then add together th e va lu es of the papers in all the parcel s and d ivide the tota l by a numbe r exceed ing by one the number of vacancies to be filled. and the res ult increased by one shall be th e nu m be r suffic ient to secu re the return of a cand id ate. herein ca lled the ··quota.. . (4) If at any tim e un der th is Act a numbe r of candid ates eq ua l to the number of persons to be e lected has obtained a quota. th ose candi dates sha ll be dec lare d e lected. and no fu rther steps shall be taken. (5) An y candidate th e va lue of who se parc el, on th e first preference being counted, is equal to or greater th an a quota shall be declared elected. (6) If the value of the papers in a parce l referred to in subsection (5) is equal to a quota the papers shall be set aside as finally dealt with. (7) If the value of the papers in a parcel referred to in subsection (5) is greater than a quota, the surplus shall be transferred to the continuing candidates indicated on the ballot papers as next in the order of the preference of the voters in the manner prescribed in section of the E lection Act, 2013 . Surplus.

23 . ( I) If and whenever. as a result of any operation prescribed by thi s Act, a candidate has a surplus, that surplus shall be tran sferred in accordance with the provis ions of thi s section . (2) If more than one ca ndidate has a su rplu s. th e largest surplu s shall be dealt w ith first and the others in descending order of magn itude, ex cept th at every surp lu s aris ing on the first count of votes shall be dealt w ith befo re tho se aris ing o n the seco nd count. and so o n. S9 (3) Where two or more surplu ses are equal. the returning officer shall decide, acco rdin g to the term s of section 27, which shall first be dealt with. (4) If the surplu s of any candidate to be transferred arises from original votes only, the returning officer shall exam ine all the papers in the parc el belongi ng to the cand idate w ho se surplu s is to be transferred and divide the unexhausted papers into sub- parcels acco rdin g to the ne xt prefere nce recorded on them. (5) The returning officer shall also make a separate sub-parcel of the exhausted papers. (6) The returning officer shall ascertain the val ue of the papers in each sub-parcel and of all the une xhausted papers. (7) If the value of the unexhausted papers is equal to. or less th an, ·the surplus the returning officer shall transfer a ll the un ex hausted papers at the val ue at wh ich they were received by the candidate whose surplu s is being transferred. (8) If the va lue of the un ex hausted papers is greate r than th e surplus the returnin g office r shall transfer the sub-parcels of unexhausted papers. and the value at wh ich eac h paper shall be transfe rred shall be ascertained by dividing th e surplu s by the total number of unexhausted papers. (9) If the su rplus of any candidate to be transferred arises from transfe rred as we ll as original vo tes. the returning officer shall re-examine all the papers in th e sub-parce l last transferred to th e candidate and divide the unexhausted papers into sub-pa rcels acco rding to the next preference recorded on the sub-parcels. ( I 0) The returning officer shall dea l \Yith the sub-parce ls in the same mann er as is provided in the case of the sub-parcels referred to subsect ions (4) to (8) . ( 11 ) The papers transfe rred to each candidate sha ll be added in the form of a sub-pa rcel to the papers a lready be lo ngin g to that candidate. ( 12) A ll papers in the parce l or sub-parcel s of an elected candid ate no t transfe rred under th is secti o n sha ll be set asi de as finall y dealt \\·ith. Exclusio11 of candidate lowest 011 poll.

24 . (I) If, after all surpluses have been tran sfe rred, as provided in section of the Election Act, 2013 , less than the number of candidates required has been elected, the returning officer shall exclude from the poll the candidate lowest on the poll and shall distribute the unex hausted papers of the candidate among the continuing candidates according to the next preferences recorded on them ; any exhausted papers shall be set as ide as finally dealt with. (2) The papers containing original votes of an exc luded candidate shall first be transferred. the tran sfer value of each paper bein g one . (3) The papers containing tran sfe rred votes of an excluded candidate shall then be transferred in the order of the transfers in w hich and at the value at which the candidate obtained them. (4) Each of such tran sfers shall be deemed to be a separate transfe r. SlO (5) The process directed by this section shall be repeated on the successive exclusions one after another of the candidate lowest on the poll unt il the last vacancy is filled either by the election of a candidate with a quota or as provided in section 26. Completion of transfer proceedings.

25. If, as a result ofa transfer of papers under section 24, the value of the votes obtained by a cand idate is equal to, or greater than, a quota, the transfer proceeding shall be completed, but no fw1her papers shall be transferred to the candidate. Candidate to be declared elected.

26. ( 1) If, after the completion of any transfer under section 25 , the value of the votes of any candidate shall be equal , to or greater than, a quota, the candidate shall be declared elected. (2) lfthe value of the votes of any candidate referred to in subsection ( 1) is equal to ~1 quota. the who le of the papers on which those votes are recorded shall be set aside as finall y dealt with . (3) If the value of the votes of any candidate referred to in subsection (2 ) is greater than a quota, the surplus of those votes shall be distributed in the manner pro vided in section 25 before the exclusion of any other candidate. Continuing candidates declared elected.

27 . ( 1) When the number of contin uing candidates is reduced to the num be r of vacancies remaining unfill ed. the con tin uing candi dates shall be dec lared elected. (2) Wh en onl y one vacan cy remain s un fi ll ed. and th e value oi' the vote, or a continu ing candidate exceeds the total value of all other votes capabl e of transfer. that cand idate sha ll be dec lared elected. (3) When only one vacancy remains unfill ed. and there are only two co ntinui ng candi da tes. and those two candidates have each the same value of votes, and no surpl us remains capable of transfer, one candidate shall be declared excluded under the next succeeding section and the other declared elected. Regard to be had to original vote before surplus is distributed.

28 . (I) If, when there is more than one surplus to distribute, two or more surpluses are eq ual, or if at any time it becomes necessary to exclude a cand idate, and two or more candidates have the same value of votes, and are lowest on the poll, regard shal l be had to the original votes of each candidate, and the candidate for whom fewest original votes are recorded shall have the surplus of that candidate first distributed or shall be first exc luded. (2) If the values of their original votes are equal. the returning officer shall decide by lot which candidate shall have the candidate ·s surp lus distributed or shall be excluded. Notice after elections.

29. The Commi ss ion shall, as soon as practicable after receiving the names of person s declared elected under section 26 of this Act, cause a notice containing the full names of the elected persons and the date on which they we re e lected to be publi shed in the Gazette . Sl l By-election to fill vacancy of woman

30 . (l ) Whenever a vacancy occurs in the membership of wo men elected under this Act, the Clerk to Parliament shall noti fy the Speaker in writing within seven days after the vacancy occurred. and a by-election sha ll be held within forty five days after the vacancy occurred. (2) The Clerk to Parliament shall afte r consulting the Speaker within IO days of the occurrence of the vacancy, noti fy the Co mmi ssion. (3) Notw ithsta ndin g sub-section (I). a by-election shall not be held to fill a vacancy where Parli ament is to be di sso lved within a period of less than nine months. (4) As soo n as the Co mmissio n receives the notice in sub-section (2), the Co mmi ss ion shall , afte r consultation with the Speaker and the C lerk, publi sh a notice in the Gazette declar ing a vacancy and fix ing a elate on. and a time and pl ace at wh ich - (a) a meeting of the elected members from eac h Region w ill be held to nomin ate persons for election as regional ,voman represe ntative to fi ll the vacancy: and (b) a sittin g of the members of the House wi ll be held to elect a person to fill the vacancy. (5) The procedure to be fo llowed in the election to fill a va cancy shall. wi th the necessary modifications be the procedu re fo llo11·ed in electing \\·omen members spec ified in this Act. The Gove rnmen t P1·inter, i\lbaba ne SI PART C LEGAL NOTICE NO. 103 OF 2018 THE ELECTION OF WOMEN MEMBERS TO THE HOUSE OF ASSEMBLY ACT, 2018 (Act No. 9 of 2018) THE DATE OF COMMENCEMENT (THE ELECTION OF WOMEN MEMBERS TO THE HOUSE OF ASSEMBLY ACT, 2018) NOTICE, 2018 . (Under Section I) In exercise of the powers conferred by Section I of the Election of Women Members to the House of Assemb ly Act, the Minister for Justice and Constitutional Affairs issues the following Notice - Citation and Commencement I. (I) This Notice may be cited as the Date of Commencement (The Election of Women Members to the House of Assembly Act, 20 I 8) Notice, 2018. (2) This Notice shall come into force on the date of publication in the Gazette . Date of Commencement

2. The Election of Women Members to the House of Assembly Act, 20 I 8, shall come into force on the 2"d July, 20 I 8. EDGAR E. HILLARY (SENATOR) MINISTER FOR JUSTICE AND CONSTITUTIONAL AFFAIRS The Government Printer, Mbabane