First instance body dealing with electoral disputes

Parliament (Petitions) Act, 2013. Art. 7 & 15

Avoidance of election or appointment ofcandidate on petition.

7. (1) The election orappointment of a candidate as a Member shall not be questioned except on apetition presented to the court requesting that the election or appointment bedeclared void.

Relief which may be claimed.

15. Allor any of the following reliefs to which the petitioner may be entitled, may beclaimed in a petition under Part II or III, namely?

(a) a declaration that the election or appointment was void;

(b) a declaration that the nomination of theperson elected was void;

(c) a declaration that a candidate was duly elected or appointed; and,

(d) where the seat is claimed for an unsuccessful candidate on the groundthat the unsuccessful candidate had a majority of lawful votes, a scrutiny.

http://aceproject.org/ero-en/regions/africa/SZ/swaziland-parliamentary-petitions-act-2013/at_download/file

Constitution 2005, Article 105

The High Court shall have jurisdiction to hear and determine anyquestion whether –

(a) any person has been validly elected or appointed as a Memberof Parliament;

(b) any person has been validly elected as President, DeputyPresident, Speaker or Deputy Speaker; or

(c) any person, having been validly elected as President, DeputyPresident, Speaker or Deputy Speaker, has validly vacated that office.

http://aceproject.org/regions-en/eisa/SZ/CONSTITUTION%20OF%20THE%20KINGDOM%20OF%20SWAZILAND%202005.pdf

Constitution 2005, Article 79

79. The system of government for Swaziland is a democratic, participatory,tinkhundla-based system which emphasises devolution of state power from central government to tinkhundla areas and individual merit as a basis for election or appointment to public office.

http://aceproject.org/regions-en/eisa/SZ/CONSTITUTION%20OF%20THE%20KINGDOM%20OF%20SWAZILAND%202005.pdf

The nomination of candidates for House of Assembly elections isgoverned by sections 31-38 of the 2013 Elections Act. The voters of each of theseveral chiefdoms in an inkhundla nominate candidates to stand forelection at a public meeting in the chief’s kraal by show of hands. It has been criticized as undemocratic because it has allowed chiefs to intimidate theirsubjects and block the nominations of candidates for personal reasons.Stakeholders also repeatedly expressed similar concerns about the process tothe observer groups prior to the 2013 election.

There is no regulation of registration political parties. Parties are not allowed to participate in the elections. See Constitution 2005, Article 79.