Mbabane – University of Eswatini (UNESWA) Registrar Max Bonginkosi Mkhonza has asked the High Court to dismiss an application to stop the institution’s alumni elections, arguing that candidate vetting is a mandatory legal requirement for public enterprises.
The Registrar filed an answering affidavit in response to a suit by Sibusiso Phesheya Siyaya, who was disqualified from contesting a seat on the University Council. Siyaya is seeking to interdict the virtual elections scheduled for April 22, 2026, claiming the vetting process was unauthorized and intrusive.
Mkhonza contended that the university is a Category A public enterprise, which obliges it to adhere to strict governance standards, including the King V principles. He stated that all candidates for the University Council, the institution’s highest governing authority, must satisfy prescribed standards of probity and integrity.
The Registrar further argued that Siyaya waived his right to challenge the process by voluntarily signing a “Consent and Authorisation for Background Vetting” form on February 20, 2026. This form explicitly stated that the outcome of the vetting would be used to determine eligibility.
“The applicant, having elected to participate in and submit to the vetting process, is precluded from later challenging it,” Mkhonza stated in his affidavit.
He added that the university has no legal obligation to provide detailed reasons for disqualification, as the process involves confidential third-party assessments.
Regarding the urgency of the matter, the university maintained that Siyaya created his own urgency by waiting until April 16 to file his application despite knowing of his exclusion on April 2.
Mkhonza warned that stopping the elections at this late stage would cause substantial prejudice to the university and waste public resources.
The university also rejected Siyaya’s claim that the Registrar is conflicted in serving as the Electoral Officer Mkhonza clarified that he performs a lawful administrative function based on recommendations from independent third-party functionaries rather than personal discretion.
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