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Swaziland

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Comments: The Elections and Boundaries Commission reviews and determines the boundaries of 55 constituencies known as tinkhundla for purposes of elections.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(c); 91.
Last updated: 2007-10-15 11:38:55 UTC

BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
d. Conformity with local jurisdiction boundaries

Source: Constitution of the Kingdom of Swaziland 2005, Article 91(2)-(5).
Last updated: 2007-10-15 11:31:27 UTC

BD05 The body responsible for drawing the boundaries is:
c. Boundary Commission
d. Electoral management body

Comments: Elections and Boundaries Commission is responsible for the demarcation and the conduct of elections.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(c), 91.
Last updated: 2007-10-15 11:38:55 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Maureen Nthabiseng Moloi
b. Job Title: Intern
c. Organisation: EISA
d. Contact Address. 14 Park Road, Richmond, Johannesburg, South Africa
e. Telephone: 0027-11-4825495
f. Facsimile: 0027-11-4826163
g. Email: [email protected]

Last updated: 2006-10-16 15:03:13 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
a. Mandatory referendum 1992

Last updated: 2006-07-09 16:52:31 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Last updated: 2006-10-16 15:26:38 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-16 15:26:38 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments
h. Taxes and public expenditure commitments
i. Other public policy issues
j. Other (specify)

Comments: j) Monarchy, Protection and Promotion of Fundamental Rights and Freedoms, The Executive, The Legislature, The Judicature, Director of Public Prosecutions and the Commission on Human Rights, Land and Minerals section, Traditional Institutions and Miscellaneous.
Source: The Constitution of the Kingdom of Swaziland, Chapter XVII, No. 246(2)
Last updated: 2006-10-16 15:26:38 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
k. None

Last updated: 2006-10-16 15:27:41 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
k. None

Comments: Not specified.
Last updated: 2006-10-16 15:35:36 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None

Last updated: 2006-10-16 15:35:36 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
e. Other (specify who)

Comments: The King of Swaziland.
Source: The Constitution of the Kingdom of Swaziland
Last updated: 2006-10-16 15:42:35 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution The Electoral Committee
b. Full Address CRC Building, LOBAMBA, Swaziland
c. Telephone +268 416 2488
d. Facsimile +268 416 1970 / 09268 416 2813
e. Email [email protected]
f. Website Address None
g. Name and Title of Chairperson/President R Thwala
i. Official language of the electoral law governing national elections English and siSwati

Last updated: 2007-10-15 11:26:38 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
b. Regional level
c. Local level

Comments: The functions of the Elections and Boundary Commission shall be to - oversee and supervise the registration of voters and ensure fair and free elections at primary, secondary or other level.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(a).
Last updated: 2007-10-15 11:26:38 UTC

EM04 The budget of the national electoral management body is determined by:
e. Another organ within the national government

Comments: Elections and Boundaries Commission is funded from the Consolidated Fund.
Source: Constitution of the Kingdom of Swaziland 2005, Article 171(2), 208(4).
Last updated: 2007-10-15 11:26:38 UTC

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: Twelve years and is not renewable.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(5).
Last updated: 2007-10-15 11:26:38 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?

Last updated: 2007-10-09 10:02:35 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?

Last updated: 2007-10-09 10:02:35 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?

Last updated: 2007-10-09 10:02:35 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?

Last updated: 2007-10-09 10:02:35 UTC

Electoral Systems

ES01 How is the Head of State selected?
g. Inherited monarchy

Comments: The King is the Head of State and hereditary succession to the throne is governed by traditional law and custom.
Source: Constitution of the Kingdom of Swaziland 2005, Article 2, 4-5
Last updated: 2007-10-09 08:37:13 UTC

ES02 How is the Head of Government selected?
e. Appointed

Comments: The Prime Minister is appointed by the King acting on the recommendation of the Advisory Council and may be removed from office by the King.
Source: Constitution of the Kingdom of Swaziland 2005, Article 67(1), 68(1)(a).
Last updated: 2007-07-19 12:56:06 UTC

ES03 Does the country have a president?
b. No

Comments: Swaziland is a hereditary monarchy.
Source: Constitution of the Kingdom of Swaziland 2005, Article 2
Last updated: 2007-10-15 10:36:06 UTC

ES04 The national legislature consists of (one/two chambers):
b. Two chambers

Comments: Parliament consists of a House of Assembly and a Senate.
Source: Constitution of the Kingdom of Swaziland 2005, Article 93; 106.
Last updated: 2007-10-09 08:48:11 UTC

ES05 What is the electoral system for Chamber 1 of the national legislature?
a. Plurality (FPTP)

Comments: The House of Assembly consists of 60 members elected in constituencies, 10 members appointed by the King, the Attorney-General and up to four women elected by a joint sitting of Parliament from a shortlist supplied by the Election and Boundaries Commission.
Source: Constitution of the Kingdom of Swaziland 2005, Article 86; 95.
Last updated: 2007-10-09 10:46:57 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable not applicable in Swaziland

Last updated: 2007-07-19 12:38:40 UTC

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
e. Not applicable n/a

Last updated: 2007-07-19 12:38:40 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution

Comments: Key electoral legislation includes: Constitution of the Kingdom of Swaziland 2005 Election Order, 1992 Voter registration Order, 1992 Proclamation No 7 of 12 April 1973 (bans political parties)
Last updated: 2007-10-15 11:07:58 UTC

LF03 The national electoral law covers:
a. National elections

Source: Election Order, 1992, 4(1)
Last updated: 2007-10-15 11:07:58 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Last updated: 2007-10-09 09:35:29 UTC

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
d. Other

Comments: There is no specific legislation governing dispute resolution, so election petitions are heard by the High Court.
Source: KARUME, S 2003b "Post-mortem of the Swaziland General Election of 2003" IN EISA Election Update: Swaziland 2003 No 2.
Last updated: 2007-10-15 11:07:58 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.

Last updated: 2007-02-08 13:50:04 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2007-02-08 13:50:04 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Last updated: 2007-02-08 13:50:04 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Last updated: 2007-02-08 13:50:04 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2007-02-08 13:50:04 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2007-02-08 13:50:04 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
h. Not applicable

Comments: Political parties are banned in Swaziland.
Source: Political parties are banned in Swaziland.
Last updated: 2007-10-15 12:31:16 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?

Comments: Political parties were banned in 1973 in Swaziland.
Source: Political parties are banned in Swaziland.
Last updated: 2007-10-15 12:31:16 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2007-02-08 13:50:04 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Last updated: 2007-02-08 13:50:04 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2007-02-08 13:50:04 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2007-02-08 13:50:04 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2007-02-08 13:50:04 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
g. Not applicable

Comments: Political parties are banned in Swaziland.
Source: Proclamation No 7 of 12 April 1973 .
Last updated: 2007-10-15 12:05:32 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: Political parties are banned in Swaziland.
Source: Proclamation No 7 of 12 April 1973.
Last updated: 2007-10-15 12:05:32 UTC

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
f. Registration
j. Other

Comments: j. If the person has paid all taxes or made arrangements satisfactory to the Commissioner of taxes.
Source: Constitution of the Kingdom of Swaziland 2005, Article 96.
Last updated: 2007-10-15 12:05:32 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
d. Residence
j. Other

Comments: j. If the person has paid all taxes or made arrangements satisfactory to the Commissioner of taxes.
Source: Constitution of the Kingdom of Swaziland 2005, Article 96.
Last updated: 2007-10-15 12:05:32 UTC

PC08 Can independent candidates compete in presidential or legislative elections?
c. In legislative elections (Chamber 1)

Comments: Only independents may stand, political parties are banned.
Source: Proclamation No 7 of 12 April 1973.
Last updated: 2007-10-15 12:05:32 UTC

PC12 Do political parties receive direct/indirect public funding?
a. No

Comments: Political parties were banned in Swaziland.
Source: Proclamation No 7 of 12 April 1973.
Last updated: 2007-10-15 12:05:32 UTC

PC15 What is the basis of the public funding?
f. Not applicable

Comments: Political parties were banned.
Source: Proclamation No 7 of 12 April 1973.
Last updated: 2007-10-15 12:05:32 UTC

PC17 Are political parties entitled to private funding?
b. No

Comments: Political parties are banned in Swaziland.
Source: Proclamation No 7 of 12 April 1973.
Last updated: 2007-10-15 12:05:32 UTC

Vote Counting

VC04 Following the close of the voting, where are the votes first sorted and counted?
c. At special counting centres

Comments: After the close of the poll the presiding officer seals all the documentation and ballot boxes and forwards them to the returning officer. The returning officer gives notice to the candidates or their agents informing them of when and where the count is to take place.
Source: Elections Order 1992, 40-45.
Last updated: 2007-10-15 12:11:06 UTC

VC11 Under what conditions are ballots recounted?
d. By request
e. Court order

Comments: d. Candidates or their agents may request a recount, but the returning officer may refuse if the request seems unreasonable. e. The Elections and Boundaries Commission (EBC) is not tasked with hearing disputes, nor is there any specific legislation governing dispute resolution, so election petitions are heard by the High Court.
Source: Elections Order 1992, 48(4). KARUME, S 2003b "Post-mortem of the Swaziland General Election of 2003" IN EISA Election Update: Swaziland 2003 No 2.
Last updated: 2007-10-15 12:11:54 UTC

VC16 If preliminary results are announced, how long after the close of polls is this done?

Last updated: 2007-10-11 09:14:26 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body

Comments: The Elections and Boundaries Commission is responsible for facilitating civic and voter education.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(b).
Last updated: 2007-10-09 12:46:41 UTC

VE02 At the national level, how often are voter education programs conducted?
a. Continuously

Comments: One of the functions of the Elections and Boundaries Commission is to - facilitate civic or voter education as may be necessary in between elections.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(b).
Last updated: 2007-10-09 12:47:33 UTC

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body

Comments: One of the functions of the Elections and Boundaries Commission is to - facilitate civic or voter education as may be necessary in between elections.
Source: Constitution of the Kingdom of Swaziland 2005, Article 90(7)(b).
Last updated: 2007-10-09 12:49:18 UTC

Voting Operations

VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections

Source: Election Order, 1992, 22(1).
Last updated: 2007-10-15 11:55:17 UTC

VO04 Who can vote from outside the country?
b. Citizens residing outside the country

Source: Election Order, 1992, 11(5).
Last updated: 2007-10-15 11:55:17 UTC

VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates

Source: Election Order, 1992, 11(5).
Last updated: 2007-10-15 11:55:17 UTC

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?

Last updated: 2007-02-02 08:52:18 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot
g. Other

Source: Election Order, 1992, 33(1).
Last updated: 2007-10-15 12:01:20 UTC

VO12 How many staff are assigned to each polling station?

Last updated: 2007-02-02 08:52:18 UTC

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?

Last updated: 2007-02-02 08:52:18 UTC

VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?

Last updated: 2007-02-02 08:52:18 UTC

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Source: Constitution of the Kingdom of Swaziland 2005, Article 88 (1).
Last updated: 2007-10-15 11:44:12 UTC

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
b. Period of Residence

Comments: A person is qualified to be registered as a voter if.. that person... is a citizen of or is ordinarily resident in Swaziland.
Source: Constitution of the Kingdom of Swaziland 2005, Article 88 (1).
Last updated: 2007-10-15 11:44:12 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)

Comments:
Source: Constitution of the Kingdom of Swaziland 2005, Article 90 (7)(a).
Last updated: 2007-10-15 11:44:12 UTC

VR08 Is it compulsory to be on the voters register?
b. No

Comments: Registration voluntary and continuous.
Source: Voters Registration Order, 1992, 4.
Last updated: 2007-10-15 11:44:12 UTC

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?

Last updated: 2006-12-11 16:26:51 UTC

May 20, 2008 08:20 AM