Mbabane : A University of Eswatini alumnus, Sibusiso Phesheya Siyaya, has filed an urgent application in the High Court seeking to interdict the upcoming alumni representative elections and review a decision to exclude him from the list of nominees.
Siyaya, through his attorney Dumsani Emmanuel Hleta of DEMHLETA Legal, is challenging the actions of the Electoral Officer, Bonginkosi Max Mkhonza, who is cited in the proceedings in his official capacity as Registrar of the University of Eswatini (UNESWA).
In a certificate of urgency, Hleta submits that electoral disputes are inherently urgent and require immediate judicial intervention. He states that the application seeks to stay the elections scheduled to take place online on tomorrow, pending a review of the Electoral Officer’s decision to remove Siyaya’s name from the list of candidates.
According to court papers, Siyaya argues that his exclusion from the nomination list was arbitrary, unlawful and ultra vires the University of Eswatini Act No. 2 of 1983, as well as the Election of Alumni Members of Council Regulations (2019). He further contends that he was not afforded an opportunity to be heard before the decision was taken, in violation of the audi alteram partem rule.
Siyaya states that he responded to an invitation issued on January 26, 2026, via the university’s Facebook platform calling on alumni to register for the election of representatives to the University Council. The elections were necessitated by the expiry of the term of office of the current alumni representatives.
He submits that upon reviewing the applicable regulations, he satisfied all eligibility requirements set out in Regulation 4, which include being a graduate of the university, residing in Eswatini, not being an employee of the institution, and having no criminal record involving dishonesty.
Having met these requirements, Siyaya registered and was subsequently confirmed as one of eight duly nominated candidates. In a letter dated February 16, 2026, the Electoral Officer informed him of his nomination and requested his consent for vetting and submission of his profile.
Siyaya states that on February 26, 2026, he received further communication indicating that the vetting process was taking longer than expected and requesting submission of an updated curriculum vitae, which he provided.
However, in a letter dated April 2, 2026, the Electoral Officer informed him that the outcome of the vetting process was unfavourable, effectively excluding him from the list of nominees.
Siyaya states that he subsequently sought legal advice and, on April 9, 2026, wrote to the Electoral Officer requesting reasons for the decision. The Electoral Officer acknowledged receipt of the request on April 10, 2026, and undertook to respond within seven days. Siyaya states that reasons were eventually furnished on April 13, 2026, after he had already taken steps to institute the present application.
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