Global Initiative to Enfranchise People with Disabilities: Swaziland - www.electionaccess.org
Back to Africa  
  Best Practices: IFES and other groups have implemented innovative practices around the world.
Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.     Publications  
   
   

Swaziland

General Right to Vote
Constitution
(2005)

  • Section 85, subsection (1) states, “Subject to the provisions of this Constitution, every Swazi or person ordinarily resident in Swaziland has a right to vote at any election of members of the House or members of the Bucopho.
  • Section 88, subsection (1) states, “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.”

Electoral Law
Establishment of Parliament Order
(16 December 1992)

  • Section 7 states, "The nomination of candidates and the election of elected members of the House of Assembly shall be done by secret ballot at both primary and secondary levels."
  • Section 9, subsection (1) states, "Subject to the provisions of section 7, a person shall be qualified to be registered as a voter for the purpose of election of elected members of the House of Assembly if, and shall not be qualified unless, he has attained the age of eighteen years and is a citizen of Swaziland."

Exclusion Based on Intellectual Disability
Constitution
(2005)

  • Section 89 states, “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.”
  • Section 97, subsection (1) states, “Notwithstanding the provisions of section 96, a person does not qualify to be appointed, elected or nominated as the case may be, a Senator or member of the House if that person - (a) has been adjudged or otherwise declared- (i) insolvent under any law and has not been rehabilitated; or (ii) to be of unsound mind.”

Electoral Law
Establishment of Parliament Order
(16 December 1992)

  • Section 10 states: "No person shall be qualified to be registered as a voter or to vote, if (a) he is certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Swaziland..."
  • Section 20, subsection (1) states: "No person shall be qualified to be elected or appointed as a Senator or to be elected as an elected member of appointed as a nominated member (sic) of the House of Assembly who...(e) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Swaziland."

Voter Assistance
Constitution
(2005)

  • Section 87, subsection (3) states, “Notwithstanding the principle of secrecy, a voter who is handicapped may be assisted in casting the vote.”

Electoral Law
Establishment of Parliament Order
(16 December 1992)

  • Section 35, subsection (1) states: "On application by a voter who, owing to inability to read or on account of blindness or other physical infirmity, is unable to vote in the manner provided by section 33 the presiding officer shall take the voter aside and shall ascertain from him, no other person being present or within hearing the name of the candidate or candidates for whom he wishes to vote."
  • Section 35, subsection (2) continues: "The presiding officer shall then immediately go into the polling booth with the voter and mark the ballot paper of the voter in the manner directed by the voter and the presiding officer shall thereupon fold the ballot paper as required by this Order and, in the case of an ordinary ballot paper put it into the ballot box, in the case of a tendered ballot paper, retain it to be dealt with as provided..."
  • Section 35, subsection (3) states: "The presiding officer shall enter the number and name as shown on the voters list of any voter whose ballot paper has been marked by him.”

 




 
  Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.
  Rights and Standards:  IFES and other groups have drafted global standards on the electoral rights of citizens with disabilities.
  Best Practices: IFES and other groups have implemented innovative practices around the world.
  Publications
 
  Contacts and Links