SIBEBE – Hold your horses!
The campaign trail for the 2028 general elections has not yet officially opened, and anyone campaigning at this stage could be committing an offence.
Attorney General (AG) Sifiso Mashampu Khumalo has warned aspiring Members of Parliament (MPs) and those hoping to be re-elected that campaigning before the legally permitted period is against the law, cautioning that those who engage in the practice could face legal consequences if sufficient evidence is produced.
Khumalo was speaking during the final day of the retreat for MPs held at Sibebe Resort, where the legality of activities by aspiring candidates ahead of the 2028 national elections was questioned.
The issue was raised by Nkhaba MP Hope Shiba, who expressed concern over what he described as widespread campaigning across the country, coinciding with the Elections and Boundaries Commission’s (EBC) voter education and registration activities.
Shiba told the retreat that some individuals who are not sitting MPs were allegedly using community projects and other initiatives to market themselves to voters ahead of the elections.
He said some aspiring candidates were reportedly securing projects through Microprojects, raising questions about whether such activities amounted to campaigning before the official campaign period.
The MP said he had approached the EBC seeking clarity on the matter, but was reportedly informed that there was nothing wrong with individuals marketing themselves ahead of the elections.
This, he said, left him questioning the distinction between marketing oneself and actively campaigning for political office, as well as whether such activities could undermine the transparency of the electoral process.
Responding to the concerns, Khumalo maintained that the campaign period had not yet opened and that campaigning at this stage is unlawful.
“Campaigning now is against the law. It is an offence, but an offence must be accompanied by evidence,” he said.
The AG, however, explained that distinguishing between ordinary community assistance and electioneering could be challenging, as providing food parcels or other forms of assistance to members of the public did not automatically amount to campaigning.
He said the critical factor was whether an aspiring candidate explicitly linked the assistance to an expectation that beneficiaries would vote for them in 2028.
For instance, if an aspiring candidate distributed food parcels while telling recipients that they should vote for them in the upcoming elections in return for the assistance, such statements could serve as evidence of unlawful campaigning.
Khumalo said the circumstances surrounding the distribution of assistance would, therefore, have to be examined before a determination could be made that an offence had been committed.
He cautioned that the mere provision of food parcels or other assistance was not sufficient, on its own, to establish that an individual was campaigning for political office.
The AG urged anyone with evidence of premature campaigning to report the matter to the relevant law enforcement agencies for investigation.
He said allegations would need to be supported by evidence demonstrating that an aspiring candidate had solicited votes ahead of the permitted campaign period.
Khumalo’s remarks come as political activity gathers momentum ahead of the 2028 general elections, with questions emerging over the conduct of aspiring candidates during the voter registration and education process.
Meanwhile, the AG also responded to a variety of other questions from the MPs, one of them being what should be done whenever the Executive and Parliament do not see eye-to-eye.
His response was that such is bound to happen as both arms have mandates.
The AG urged the MPs to manage differences between the three arms of government through mutual respect, while ensuring that their actions remain within the confines of the law.
Khumalo said disagreements between institutions and individuals were inevitable, but what mattered was how they were handled to prevent unnecessary conflict and ensure that each institution respected the boundaries of its mandate.
“The truth is that differences will always be there. You cannot eliminate differences among people, but what you must do is manage them and push for an environment where people respect each other,” he said.
The AG acknowledged that institutions could sometimes overstep their boundaries, but maintained that such situations had to be managed to prevent disputes from escalating.
He said mutual respect was essential in ensuring that the different arms of government worked within their respective mandates.
Khumalo also addressed a question on whether MPs could scrutinise the operations of the Central Bank of Eswatini, emphasising that any parliamentary inquiry had to be supported by a legal basis.
He said he was uncertain what was meant by MPs wanting to ‘check’ the bank’s operations, but advised legislators to establish whether the law empowered them to undertake the specific action they intended.
The AG directed MPs to the Central Bank Order of 1974, saying they needed to examine its provisions to determine the extent of their authority in relation to the institution.
“For everything we do, we must look at whether we are still guided by the rule of law. Does it have a legal basis?” he asked.
Khumalo stressed that the desire to exercise oversight did not automatically grant Parliament unlimited authority over every institution, adding that any action had to be consistent with the applicable legal framework.
He said establishing the legal basis for an inquiry was necessary before proceeding, as actions undertaken without such authority could raise legal concerns.
The AG further addressed the issue of freedom of debate in Parliament, following concerns about a submission that was made that there were cabals.
Sigwe MP David ‘Cruiser’ Ngcamphalala said the allegation occurred in a similar fashion when some farts when seated with a group of people. Ngcamphalala said the odour is felt, but no one can tell who actually farted.
As a result, the group of people ended up suspecting each other.
Ngcamphalala said when it happened, he wished that an investigation could be conducted so that the said cabals could be unmasked.
In his response, the AG said MPs should be free to raise matters of concern through the established parliamentary processes, including moving motions and asking questions when dissatisfied with particular developments.
Khumalo maintained that an MP who wished to raise an issue should not be prevented from doing so, provided the matter was pursued through the appropriate procedures.
He explained that legislators could first raise questions to seek clarification and, where they remained dissatisfied, proceed to move a motion for further consideration by Parliament.
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