IEC goes ahead with supplementary registration
Goitsemodimo Kaelo | Tuesday January 25, 2022 06:00
The opposition coalition UDC had lodged complaints over the supplementary registration announced by the IEC, which is scheduled from January 17 to March 31, 2022. The UDC argued that the process was unlawful and ultra vires the Electoral Act, and as such, should be withdrawn. In a letter of demand written to the IEC recently, UDC attorney Nelson Ramaotwana said they hold instructions to take legal action to review the electoral body’s decision and have it set aside by the courts.
In a series of accusations, the UDC also said the IEC intentions are contrary to the Electoral Act’s intentions of guarding against ill-will. It is said the IEC secretary ceded all her functions in relation to the running of the 2019 general election to the Directorate of Intelligence and Security (DIS), whose agents also impersonated registration officers. Moreover, Ramaotwana said by imposing an arbitrary time period on a process, which the controlling legislation, being the Act, does not impose, any time to, is improper, unlawful and grossly irregular. However, on Friday the IEC wrote to the UDC in response to the substance of the UDC demand letter as well as some of the averments therein.
While the IEC denied the allegations made by the UDC, it also said that the UDC should have followed the right forum to ventilate its complaints where the Commission will also defend its position. The elections management body said its conduct of elections is guided by strict adherence to the Electoral Act in particular Section 8, which “explicitly warrants the supplementary registration of voters”. “This clause is prescriptive in nature and leaves little room for personal discretion,” reads the IEC letter addressed to Ramaotwana. The IEC explained that this type of registration is conducted after the general elections to update the elections roll such that any applicant who successfully applies for registration can participate in any applicable electoral process, once the roll in which their name appears has been certified accordingly.
The IEC acting secretary, Doreen Lame Serumola also explained that Section 12 of the Electoral Act states that :“As soon as practicable after the 31st of December in each year and at such intervals he may consider appropriate, the secretary shall cause to be prepared a roll of voters for each constituency since the last such roll was prepared and not included in any general roll prepared under Subsection (2), such roll to be known as supplementary roll.” Further to this section, Serumola highlighted that Section 12(8) provides for the secretary to determine the cut-off date for registration of voters. In relation to transfer of voter registration, she clarified that the notice does not in any way suggest that it tied the registration period announced in the notice. It said that Section 25 allows for continuous transfers and only be interrupted at a specific polling district and or constituency where a vacancy of an elected representative has occurred and will resume after the by-elections therein.
With regard to the appointment of principal registration officers, the IEC referred the UDC to Government Gazette published January 14, 2022, which it said contains the names of the appointed officers.