BDP loses suit against voters� roll
Onalenna Kelebeile | Wednesday October 8, 2014 16:25
The case resulted from reports that the Botswana Congress Party had trafficked voters to Moletemane ward.
Bobonong Magistrate Court’s Principal Magistrate Alice Rammapudi said the case had been overtaken by events and additionally, the court had no powers to order the alteration of the voters’ rolls after the issuance of the writ of elections. The party’s council candidate for Moletemane ward, Elijah Basinyi, launched an application with the Magistrate Court on August 29 seeking the removal of the 34 people from the voters’ roll, arguing that the accused had registered in incorrect polling districts.
The matter was brought for hearing on September 4, but only four of the accused were notified of the proceedings. It was adjourned to September 8 and only two more accused appeared.
Making a ruling on the matter, Rammapudi said by law, once the writ of elections has been issued, the IEC should not prepare, publish or certify any voters’ roll other than the elections’ roll.
“Any other roll in this case refers to the general elections and the supplementary voters’ rolls and the objection raised here is in relation to the supplementary roll,” she said.
“In terms of the law, the IEC Executive Secretary has no discretionary powers but to comply with the law and amalgamate the rolls. He cannot alter the supplementary rolls.”
Rammapudi added that: “There is no law empowering this court to order so. A magistrate court is an instrument of statutes and its duty is to effect laws enacted by parliament and any order to alter the voters’ rolls will be in contravention of the Electoral Act.”
The matter was dismissed without costs and the BDP candidate has the right to appeal within 21 days. Commenting after the dismissal, Basinyi said he was grossly disappointed because the case had been before the court for some time before the writ of elections was issued.
He said the failure to locate the respondents was just a deliberate move to delay the process until the writ was issued.
“Such issues have the potential to cause riots and promote voter trafficking,” he said.
“I do not have enough time to appeal the ruling but I am going to intensify my campaigns.”
Bobirwa Sub Council’s District Commissioner, Mompoloki Mochanang represented the IEC as the Returning Officer.