Election petitions

This week we consider the manner as well as circumstances under which an election result may be challenged. As a point of departure, any election result may be challenged by a candidate for the constituency and by a voter in the concerned constituency. This specifically excludes meddlesome interlopers.

A petition may be brought where one contests the election result or alleges that a candidate is disqualified to be a candidate. Petitions against the election of a candidate or based on a disqualification are only triable before the High Court.

A petition may be brought by one person or several persons jointly. The law requires that when one seeks to bring a petition they must give all other candidates an opportunity to be a part of the petition before lodging it. The petition must be signed by the petitioner or where there is more than one petitioner by all the petitioners. This is to avoid having several petitions on the same matter regarding the same constituency.  The democratic process must not be held hostage by a flood of discordant actions. It must be emphasised that a petition can only be brought before the High Court.

Editor's Comment
Inspect the voters' roll!

The recent disclosure by the IEC that 2,513 registrations have been turned down due to various irregularities should prompt all Batswana to meticulously review the voters' rolls and address concerns about rejected registrations.The disparities flagged by the IEC are troubling and emphasise the significance of rigorous voter registration processes.Out of the rejected registrations, 29 individuals were disqualified due to non-existent Omang...

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