BDP fights for UDC petitions dismissal
Tsaone Basimanebotlhe | Friday December 13, 2019 14:59
Through attorneys, Bogopa Manewe Tobedza and Company various BDP legislators are of the view that the petitions are not properly before the courts. Preliminary points will be heard on Tuesday and Wednesday.
“The petitions do not comply with Section 105 (a) of the Electoral Act in that it does not allege that payment or money or some other act or illegal practice alleged in the petition was made or done with the knowledge and consent or approval of the member or his/ her election agent,” reads the court papers signed by attorney Basimane Bogopa.
The IEC Act 105 (a) says if is upon trial of an election petition High Court certifies to the President that any corrupt practice or illegal practice has been committed in reference to the election the subject of the petition, by or with the knowledge and consent or approval of any of his election or polling agents of that candidate shall be void, and a fresh thereupon be held.
On the contrary, Bogopa says failure to state the same on the party of the UDC amounts to allege a critical element as required by the Act and therefore nullifies the petition. He further argues that it is not clear according to the law whether IEC can be sued or sue in its capacity and the petitioners have failed in their court papers to state that.
“The IEC is not properly before Court and to that extent all remedies and/or reliefs that the petitioner seeks against IEC are incompetent. This is more so the petitioner challenges the elections that were conducted by IEC.”
He also says the petitioner has failed to comply with Section 118 of the Electoral Act in that there is no notice of presentation of the petition as required.
Section 118 reads, “notice in writing of the presentation of a petition and of the names and addresses of the proposed sureties, accompanied by a copy of the petition, shall, within 10 days after the presentation of the petition, be served by the petitioner on the respondent, either personally or by leaving the same at his usual or last known dwelling or place of business”. Instead, the BDP attorney says, the petitioners have provided a filing notice.
UDC has filed 16 parliamentary elections petitions at the High Court citing irregularities after losing the October 23 general elections against the ruling BDP.
On October 25, 2019 incumbent President Mokgweetsi Masisi won a five-year term that saw his BDP secure more than 51% of parliamentary votes.
The BDP, which has ruled since independence from Britain in 1966, was declared the winner after attaining the minimum 29 parliamentary seats required to form a government after October 23’s vote.
The BDP retained key constituencies in the southern parts of the country while the opposition made inroads into the central district, that was previously the ruling party’s stronghold. The BDP won 38 seats, the UDC 15 while the Botswana Patriotic Front (BPF) attained three seats and the Alliance for Progressives (AP) managed only one seat.