Count-down to election day
Pamela Dube | Friday September 19, 2014 16:04
Dissolution of Parliament – August 29, 2014
Before the elections can take place, Parliament has to be dissolved. The 10th Parliament was officially dissolved on August 29, 2014 - meaning that your constituency representative at the end of that day was now a former Member of Parliament. However, the President and his Cabinet ministers will continue to hold their offices until October 23, when they will cease to be. On that very moment, the Chief Justice takes charge until a new president, of the party that wins 29 seats or more, is sworn into office.
In the previous 10 elections, the process has been smooth that within 24 hours of the closing of the polling stations, President is declared and sworn in. But the Constitution is silent on a hung parliament. If there is not clear winner, it is assumed that either of the two parties can go into a coalition to form a government, choose a President from the nominated.
Presidential Nominations: September 20, 2014
Section 32: An election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.
Nominations in the election of a President shall be delivered to the returning officer on such day, the Chief Justice, at the High Court, in Gaborone. At such a time as may be prescribed by or under any law for the time being in force in Botswana; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the Assembly.
It is a foregone conclusion the candidates are Duma Boko of the UDC, Ian Khama of the BDP and Dumelang Saleshando, BCP. The Registrar of the High Court has already invited the parties to nominate their candidates, and nominations forms have already been issued to the parties. Nominators have to fill in their personal details, information and address of the candidate, election registration number, where they are registered to vote - polling station and constituency, append their signatures and swear before an officer of the oath, Police station commander, get an oath stamp and submit to the returning officer. While the 997 nominators need nominators need not be there in person, the candidate, the proposer and seconder will have to stand in oath before the returning officer.
l The following Constitutional provisions shall then apply; A person nominated as a Parliamentary candidate may, at the time of their nomination and subject to the provisions of paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament which of the candidates in the election of President they support, but the nomination of a Parliamentary candidate shall be valid notwithstanding that the nomination paper does not contain such a declaration;
Such a declaration shall not be made in relation to any Presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an Act of Parliament, their consent to the making of a declaration in their favour by that Parliamentary candidate;
Nomination of Parliamentary and Council Candidates: September 25
Next week Thursday will be nominations for the parliamentary and council candidates are various constituency headquarters and polling stations around the country. A parliamentary candidate will need to be nominated by nine, the 10th being candidate) registered voters, same with council hopeful. The Parliamentary candidates pay registration fee of P500, while their council colleagues pay P100. Nominators, all the10 should be physically in attendance to take an oath.
What happens after the October 24 poll?
According to Section 38 of the Constitution, “The Chief Justice shall be the returning officer for the purposes of elections to the office of President.”
The returning officer will interpret any question, which may arise as to whether-
“(a) any provision of this Constitution or any law relating to the election of a
President under section 32 or 35 of this Constitution has been complied with; or (b) any person has been validly elected as President under those sections, shall be referred to and determined by the returning officer whose decision shall not be questioned in any court”.
What this means is that the Chief Justice, will on interpretation of this section, swear in the President.
Election of Vice President
After Parliament has been constituted and taken oath, the person whose party emerged as the majority (Khama, Boko, or Saleshando) will then present a name of his preferred candidate for the position of vice President.
In case BDP wins: Who will be VP? Khama has no running mate, but names suggested are that of Kitso Mokaila and Tshekedi Khama.
Boko: Ndaba Gaolathe,
Saleshando: Dr Kesitegile Gobotswang
Then the national assembly will vote to either endorse or reject the VP candidate.
Election of Speaker Section 59 of the Constitution
(1) There shall be a Speaker of the National Assembly who shall be elected by the Members of the Assembly from among persons who are Members of the Assembly or from among persons who are not Members of the Assembly.
(2) The President, the Vice-President, a Minister, an Assistant Minister or a public officer shall not be qualified to be elected as Speaker.
The leading candidates, from the ruling BDP?
-Dr Margaret Nasha’s name has been mentioned
-Gladys Kokorwe has expressed interest in the position
60. Deputy Speaker
(1) There shall be a Deputy Speaker of the National Assembly who shall be elected from among the persons who are Members of the Assembly other than the President, the Vice-President, Ministers or Assistant Ministers.