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Journal of African Elections Vol 16 No 1 June 2017 Remember to Change Running Heads JOURNAL OF JOURNAL JOURNAL OF AFRICAN A ELECTIONS FRICAN EL E CTIONS Vol 16 Vol N o 1 June 2017 Volume 16 Number 1 June 2017 remember to change running heads VOLUME 16 NO 1 i Journal of African Elections EDITOR Denis Kadima ARTICLES BY Hamilton Sipho Simelane Ransford Edward Van Gyampo Emmanuel Graham Eric Yobo Guy Cyrille Tapoko Tendai Joseph Chari Sadiki Koko Théophile Yuma Kalulu Lenka Homolkova Fred Sekindi Mbuzeni Johnson Mathenjwa Volume 16 Number 1 June 2017 i ii JOURNAL OF AFRICAN ELECTIONS Published by EISA 14 Park Road, Richmond, Johannesburg, South Africa P O Box 740, Auckland Park, 2006, South Africa Tel: +27 (0) 11 381 6000 Fax: +27 (0) 11 482 6163 e-mail: [email protected] © EISA 2017 ISSN: 1609-4700 (Print) ISSN 2415-5837 (Online) v. 16 no. 1: 10.20940/jae/2017/v16i1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the publisher Printed by: Corpnet, Johannesburg Cover photograph: Reproduced with the permission of the HAMILL GALLERY OF AFRICAN ART, BOSTON, MA, USA For electronic back copies of JAE visit www.eisa jae.org.za remember to change running heads VOLUME 16 NO 1 iii EDITOR Denis Kadima, EISA, Johannesburg MANAGING EDITOR Heather Acott EDITORIAL BOARD Chair: Denis Kadima, EISA, South Africa Cherrel Africa, Department of Political Studies, University of the Western Cape, South Africa Jørgen Elklit, Department of Political Science, University of Aarhus, Denmark Amanda Gouws, Department of Political Science, University of Stellenbosch, South Africa Roukaya Kasenally, Department of Social Studies, University of Mauritius, Mauritius Abdul Rahman Lamin, UNESCO Regional Office for Eastern Africa, Nairobi, Kenya Tom Lodge, Department of Politics and Public Administration, University of Limerick, Ireland Khabele Matlosa, Political Affairs Department, African Union Commission Roger Southall, Department of Sociology, University of the Witwatersrand, South Africa and Research Associate in Political Studies, University of Cape Town. The Journal of African Elections is an interdisciplinary biannual publication of research and writing in the human sciences, which seeks to promote a scholarly understanding of developments and change in Africa. Responsibility for opinions expressed and for the accuracy of facts published in papers, research notes, review articles and book reviews rests solely with the individual authors or reviewers. Contributions are referred to specialist readers for consideration, but the Editor is responsible for the final selection of the contents of the Journal. Editorial correspondence, including manuscripts for submission and books for review, should be sent to: The Managing Editor, Journal of African Elections EISA: P O Box 740 Auckland Park 2006, South Africa Tel: +27 (0) 11 381 6000 | Fax: +27 (0) 11 482 6163 | e-mail: [email protected] Business correspondence, including orders and remittances, subscription queries, advertise- ments, back numbers and offprints, should be addressed to the publisher: The Publications Department, Journal of African Elections EISA: P O Box 740 Auckland Park 2006 South Africa Tel: 27 (0) 11 381 6000 | Fax: +27 (0) 11 482 6163 | e-mail: [email protected] Abstracts for previous issues are available at: https://eisa.org.za/index.php/journal-of-african-elections-contents-listing/ iv JOURNAL OF AFRICAN ELECTIONS CONTENTS Obituary: Professor Abubakar Momoh .................................................................. v The Evolution of the Swazi Electoral Process: Ideological Contradictions, 1978-2015 Hamilton Sipho Simelane ............................................................................................ 1 Ghana’s 2016 General Election: Accounting for the Monumental Defeat of the National Democratic Congress (NDC) Ranfsord Edward Van Gyampo, Emmanuel Graham and Eric Yobo ........................ 24 Election Observation and the Question of State Sovereignty in Africa Guy Cyrille Tapoko .................................................................................................... 46 Electoral Violence and its Instrumental Logic: Mapping Press Discourse on Electoral Violence during Parliamentary and Presidential Elections in Zimbabwe Tendai Joseph Chari .................................................................................................... 72 La Question du Troisième Mandat Présidentiel au Burundi: Quelles Leçons pour la République Démocratique du Congo? Sadiki Koko et Théophile Yuma Kalulu ..................................................................... 97 Transnationalisation Potential of Electoral Violence in Burundi Lenka Homolkova ..................................................................................................... 132 Presidential Election Disputes in Uganda: A Critical Analysis of The Supreme Court Decisions Fred Sekindi ............................................................................................................. 154 Election Deposit and Democracy in Developing Countries: A Comparative Overview in Selected Southern African Development Community Countries Mbuzeni Johnson Mathenjwa .................................................................................. 180 remember to change running heads VOLUME 16 NO 1 v OBITUARY PROFESSOR ABUBAKAR MOMOH The Editorial Board of the Journal of African Elections notes with deep regret the recent passing away of Professor Abubakar Momoh, Director General of the Electoral Institute, an organ of the Independent National Electoral Commission (INEC). Professor Momoh had an illustrious career and was until his death Dean of the Faculty of Social Sciences at the Lagos State University. He served on various boards and scientific committees, including those of the Centre for Democracy and Development, and the Council for the Development of Social Science Research in Africa. He was a highly regarded scholar, researcher and lecturer at many universities worldwide. A Senior Fulbright Scholar at the University of California, Los Angeles, Professor Momoh was also a visiting research fellow in Helsinki, fellow in the Department of Peace and Conflict Resolution in Uppsala, guest lecturer at the University of North Carolina, visiting scholar at the University of Cape Town’s Centre for African Studies, and external examiner for the universities of Lagos, Ibadan and KwaZulu-Natal. Professor Momoh also served as an election observer to several African countries on behalf of ECOWAS and African Union, and was involved in election benchmarking for the African Union. In October 2016 Professor Momoh served as guest editor of a special edition of the Journal of African Elections, entitled ‘Nigerian General Elections: from Reforms to Transformation’. He was also a contributor to and reviewer for the JAE, providing considered feedback and guidance to contributors. We extend our deepest condolences to the family, friends and colleagues of the late Professor Momoh and salute his contribution to strengthening democratic elections on the African continent. vi JOURNAL OF AFRICAN ELECTIONS VOLUME 16 NO 1 DOI: 10.20940/JAE/2017/v16i1aDOI: 10.20940/JAE/2017/v16i1a1 1 1 THE EVOLUTION OF THE SWAZI ELECTORAL PROCESS: Ideological Contradictions, 1978-20151 Hamilton Sipho Simelane Hamilton Sipho Simelane is Professor in the History Department, University of Zululand, Kwadlangezwa email: [email protected] ABSTRACT The subject of the election process has been analysed by different scholars in different historical periods. On the African continent this subject gained prominence after the Second World War when most African countries gained independence from colonial powers. This interest is because of the assumption that both electoral processes and elections are indicators of a transition to democracy and of its consolidation. Evidence indicates that electoral processes in different countries have evolved over time either as a reflection of a positive transition to democracy, or because leaders manipulate the process in order to pursue their own political agendas. This article analyses the evolution of the Swazi electoral process from the time of British colonial rule. The article argues that the Swazi electoral process has evolved over the past fifty years through manipulation by King Sobhuza II and later his son King Mswati III in order to retain their control and dominance over the Swazi population. It shows that as a result of such manipulation, the Swazi electoral process has undermined the transition to democracy in the country. Keywords: monarchy, electoral process, evolution, democracy, indigenisation, reform, constitution, autocratic rule, traditionalists INTRODUCTION Electoral processes and elections themselves are very important for the development of democracy. Writing in the first half of the twentieth century Joseph 1 The author is indebted to OSISA which funded research on electoral management bodies in the SADC region. Large portions of this article are based on data collected in that research. 1 2 DOI: 10.20940/JAE/2017/v16i1a1 JOURNAL OF AFRICAN ELECTIONS Schumpeter argued that elections are the very heart of democracy (Schumpeter 1942). Some scholars have pointed out that regular, free and fair elections are some of the most important signposts of democracy (McQuoid-Mason et al. 1994; Harrop & Miller 1987; Katz 1997; and Niemi & Norris 1996). The African Charter on Democracy,
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