Elections in Eswatini

Eswatini's Constitution of 2005 describes a democratic, participatory Tinkhundla system based on individual merit. An inkhundla is a constituency, while chiefdoms, also called imiphakatsi, form local nomination and electoral areas. The country has four regions—Hhohho, Lubombo, Manzini and Shiselweni—with 59 tinkhundla, 336 chiefdoms and 664 polling stations recorded in the election framework. The Elections and Boundaries Commission, known as the EBC, is the independent election authority. It manages voter registration, civic and voter education, boundary reviews, election administration and election reports. Voters elect individual candidates, not party-list representatives. The House of Assembly may have up to 76 members: up to 60 are elected from tinkhundla, 10 are appointed by the King, and additional regional seats may be used for women when the constitutional representation threshold is not met. The Attorney-General is an ex officio member. The Senate may have up to 31 members; 10 are chosen by the House of Assembly and 20 are appointed by the King, with constitutional gender requirements. Senate members are therefore not elected directly by the population. Voters also do not choose the prime minister directly. The King appoints the prime minister from the House of Assembly on the recommendation of the King's Advisory Council, and ministers are appointed from both chambers on the prime minister's recommendation. A voter must be at least 18 years old and must be an Eswatini citizen or ordinarily resident under the applicable rules. Ordinary residence generally requires at least five years of life and community connection in the relevant inkhundla, unless the person qualifies through permanent residence and the required documents. A person cannot register in more than one inkhundla. Disqualifications include being declared of unsound mind, serving a death or life sentence, or having a relevant election offence. Registration takes place at chiefdoms or other centres designated by the EBC during the applicable registration period. The 2023 process used an identity document, a photograph and a thumbprint captured through an optical mark recognition process. The EBC also allowed a Competent Witness procedure for people who lacked an identity document under the rules then in force. The Voters Registration Amendment Act 9 of 2023 provides for continuous annual registration, but the EBC's current notice or Gazette determines the registration dates and procedure for a particular election. Voters can inspect the register, submit objections or corrections and request a transfer before voting. Candidate nomination begins openly at chiefdom level. A candidate for Member of Parliament, Indvuna yeNkhundla or Bucopho needs support from at least 10 qualified supporters. The primary election is held in the chiefdom, followed by the secondary election at inkhundla level. The 2023 amendment changed the Bucopho process: Bucopho is no longer decided in the primary final stage but in a secondary election. The Constitution restricts canvassing before the primary. After the primary, candidates may campaign until no later than the day before the secondary election. Campaign expenses can include food, drinks, accommodation and transport for the campaign team, and candidates must report their funds within three days after the primary. The applicable Act and current EBC instructions determine any additional candidate requirements or costs. A registered voter normally votes at the polling station for the registered inkhundla. The voter presents a voter card and must appear in the certified register. If the voter lacks the card, the presiding officer may permit voting after an acceptable identity check under the applicable procedure. Voting takes place by secret ballot in a ballot box. Assistance is available for a voter with a disability, and special voting is provided under the 2023 rules for election staff, security and disciplined forces, essential-service workers and eligible diplomatic or foreign-mission personnel. Eswatini uses the highest-vote or first-past-the-post result for the elected contest. Under the 2023 amendment, officials count ballots at the polling station rather than sending them to a central counting location. Local results are then consolidated and declared. The EBC supervises the primary and secondary elections and reports on participation, irregularities, disputes and recommendations. In the latest completed general election, held on 29 September 2023, 584,710 voters were registered, representing 91.2% of the eligible population base used from the 2018 census. The cited preliminary observation statement did not provide a final turnout figure. Parliament normally follows a five-year cycle. The Constitution provides for dissolution near the end of that period, and a general election must be held within 60 days after dissolution through the King's proclamation and Gazette. The 2023 election creates a regular 2028 election window, but the exact date is not fixed here and an early dissolution remains possible. A challenge to an election may fall within the Constitutional Court's original jurisdiction, while the Parliament (Petitions) Act is relevant to parliamentary petitions. If a House of Assembly seat becomes vacant, the Clerk must notify the EBC within seven days and a by-election is held within the applicable period using the general-election procedure; a new registration is not required.