The High Court in Gaborone on Tuesday dismissed with costs a case in which Entetse Boitshwarelo's election petition.
Through the matter, Boitshwarelo had wanted the election for Mmashoro ward in the Serowe West constituency declared null and void because in his view the exercise was not free and fair.
Boitshwarelo was an independent candidate for the council ward and he petitioned the result of the 2019 general election.
Boitshwarelo had lost to Botswana Democratic Change (BDP) Kgosiesele Kgosiesele with a margin of nine votes.
Boitshwarelo’s petition was about a fact that a number of ballots were singled out as contentious as they had marks placed outside the designated box.
The petitioner’s contention was that 36 ballots that were counted as valid ought to be rejected as the voters
When delivering the majority judgment supported by Justice Itumeleng Segopolo, Justice Omphemetse Motumise said: “the ballot papers in question were valid and Kgosiesele was dully elected as councillor for Mmashoro ward. The elections were free and fair. The intention of the voter was clear on which party he had wanted to vote and therefore those ballot papers cannot be rejected simple because the mark was not in a designated box but rather by party symbol”.
A panel of three Judges Gaolapelwe Ketlogetswe, Segopolo and Omphemetse Motumise heard the case. Ketlogetswe delivered a dissenting judgment.