In July 2008, the Swaziland Coalition of Concerned Civic Organisations Trust (SACCCO) and its Trustees challenged the constitutionality of several appointments to the Elections and Boundaries Commission (EBC) made by the Swazi King, as well as attempts by the EBC to preclude persons and entities from providing voter education.  The case also sought to determine whether a constitutional challenge could be instituted against the King.  In their application, the Trust sought several forms of relief, including declarations that the appointments of several of the respondents were unlawful and invalid, that the EBC was unlawfully constituted, and that the EBC had no legal right or power to exclude organisations like SACCCO from providing voter education to the public.  The Respondents challenged the validity of SACCCO’s existence on several grounds, arguing that the Trust lacked independent trustees, an identifiable beneficiary, and a charitable object.  They further argued that the appointments of the respondents were not justiciable by operation of Section 11 of the Constitution and on public policy grounds.  The High Court of Swaziland dismissed the Trust’s suit.  The Court held that the Trust was not a ''citizen,'' and therefore lacked locus standi to bring a constitutional suit under Section 2(2) of the Swaziland Constitution.  The Trust filed an appeal with the Supreme Court of Swaziland on 4 May 2009.  However, the Supreme Court dismissed the appeal, affirming the High Court’s ruling that the applicants were acting in their official capacity as Trustees, and not as ''citizens'' as required by Section 2(2) of the Constitution.

Print Judgement-Appeal EBC.pdf