BDP MPs to submit late election expense returns
Mpho Mokwape | Monday August 3, 2026 06:00
Judge Mokwadi Gabanagae issued the order on July 24 after hearing an urgent application brought by Botswana Democratic Party (BDP) legislators namely Karabo Gare, Kagiso Mmusi, Mabuse Pule and Palelo Motaosane against the Independent Electoral Commission (IEC) and its Secretary. Following the application, the court declared the matter urgent and dispensed with the normal rules governing court timelines to allow it to be heard without delay. In the order, the court ruled that the applicants' failure to submit election expense returns within the 90 days required under Section 87 of the Electoral Act was condoned. 'The applicants' failure to render elections return in respect of election expenses within 90 days as stipulated under Section 87 of the Electoral Act since the results of the 2024 General Elections were declared, be condoned,' the order states.
The court also authorised the returning officers responsible for each of the four MPs to accept their election expense returns despite the statutory deadline having expired. Justice Gabanagae further ordered that each applicant must submit the required return within 30 days from the date of the order. 'Each of the Applicants be required to have rendered the said return within 30 days of this Order,' the ruling says. The court warned that the relief granted was conditional. 'Failing the rendering of such returns within the said period, this condoning order shall lapse,' the order states. No order was made as to costs. The four MPs had approached the High Court on an urgent basis after admitting they had failed to submit election expense returns within the period prescribed by law. In their court papers, they asked the court to excuse their late filing and to authorise returning officers to receive the documents after the expiry of the statutory deadline.
They also sought an order requiring them to file the returns within 30 days once the court granted the application. According to the notice of motion, the MPs relied on Section 88 of the Electoral Act, which allows the High Court to grant relief where a candidate has failed to comply with certain provisions relating to election expenses. The application was supported by a founding affidavit deposed to by Kgatleng East MP, Pule, on behalf of all four applicants. The affidavit states that the applicants realised they had not complied with Section 87 of the Electoral Act after attempts were made to submit the returns beyond the prescribed period. Pule told the court he visited the IEC office in Mochudi intending to submit his return but officials declined to accept it because it had been filed outside the 90-day period. The MP said IEC officials advised him that he first needed to obtain a court order before the documents could be accepted. Following that development, the applicants instructed lawyers and launched urgent court proceedings seeking condonation.
The applicants argued that the matter required urgent attention because, in their understanding of the law, failure to file election expense returns within the prescribed period exposed them to legal consequences. In the affidavit, Pule stated that they believed they had technically become disqualified from sitting and voting in Parliament until the matter was resolved. He further told the court they had voluntarily decided not to attend parliamentary proceedings while waiting for the court's decision. The MPs also argued that delays in resolving the issue could affect both their ability to perform their duties and the representation of their constituencies. They further submitted that obtaining relief in the ordinary course would take too long and asked the court to hear the matter urgently. The applicants also informed the court that the issue was not unique to them.
According to the affidavit, they believed several Members of Parliament had also not submitted election expense returns within the statutory period. They said many legislators were unaware of the 90-day requirement and the legal consequences attached to non-compliance. The application was opposed neither on urgency nor on the relief sought, and the matter proceeded before Justice Gabanagae, who ultimately granted the application. The order now allows the four MPs to regularise their position by submitting the outstanding election expense returns within the next 30 days. If they comply within that period, the late filing will stand as condoned under the court's order. However, should they fail to submit the returns within the timeframe ordered by the court, the condonation granted by Justice Gabanagae will automatically fall away. The ruling resolves the immediate issue that prompted the urgent application while placing the responsibility on the four legislators to comply with the Electoral Act within the deadline set by the High Court.