Boko Wins 'Principal Residence' Objection Case
Goitsemodimo Kaelo | Monday July 29, 2019 18:00
Makofi said Boko was therefore fully entitled to vote and stand for elections as Gaborone Bonnnington North parliamentary candidate.
Both Siele and Tabane had objected to Boko’s registration status, stating that he provided a wrong address as his primary residence, hence contravening the Electoral Act.
After dismissing an attempt by the applicant to block him from delivering the ruling pending a stay and review application filed at the High Court, Makofi ruled in Boko’s favour by dismissing the consolidated applications and ordered the two to pay P250 each in the process.
The two were represented in the matter by former UDC first vice president and president of Botswana Movement for Democracy Advocate Sidney Pilane, whose party was chased out of the umbrella by Boko.
Makofi said the Phase 2 residential plot that Boko used to register for elections was his choice of primary residence amongst the three plots he owns in Gaborone and Tlokweng.
He said the applicants failed to contest the averments by Boko that he stayed at the Phase 2 plot in excess of years between December 2017 and December 2018 caring for his sickly mother, the material time at which he registered for elections.
He also stated that the documents from the Botswana Unified Revenue Service, Parliament clerk, Standard Chartered Bank and Tlokweng Land Board, which were provided by the objectors as evidence, do not advance their case, as they don’t prove that he (Boko) has only one residential address.
He added that for the applicants to have gone behind Boko’s back to gather such information from those institutions, borders on intrusion and violation of Boko’s right to privacy.
“The respondent has proven that he owns three plots in Gaborone and his averments have not been contested by the applicants, so they must be taken as truthful.
The court recognises his constitutional right to choose from the three residential plots he owns to register to vote,” he said.
He also dismissed the averments by one Sebala Mogwera Leshomo, who owns a Phase 2 plot rented by Boko when he stated in his affidavit that he has no lease agreement with Boko to use the plot for residential purposes, but as an office.
“The objections are disallowed and therefore dismissed,” said Makofi in his ruling.