Makgato Election Case Deferred
Goitsemodimo Kaelo | Monday June 24, 2019 12:32
Makgato is amongst a number of politicians who face being struck off the 2019 voters roll for violating the Electoral Act.
The matter arose after Mothusi Maribe of Botswana Congress Party (BCP) petitioned the IEC to stop Makgato from contesting in the upcoming elections on allegations that she knowingly provided wrong address as her principal residence.
It is alleged that Makgato stays in Phakalane but has registered to vote at her home village of Chadibe where she is the Botswana Democratic Party (BDP) parliamentary candidate for the 2019 general elections.
She is contesting the elections against the Umbrella for Democratic Change’s (UDC) Dr Kesitegile Gobotswang.
The matter was set for hearing last week Friday, but was later postponed to June 28 after attorney Simwe Mwiya representing Makgato told the court that he received instructions from her client to make an application to join the IEC as an important part to the case.
When appearing before a panel of three judges comprising; Chief Justice Terence Rannowane, Justices Gabriel Komboni and Christopher Gabanagae, the attorney for the defendant said as custodians of all national elections in the country, the IEC has an interest in the matter.
“Before we continue my Lords, I wish to make one submission that we intend to have the IEC joined in these proceedings,” said Mwiya.
“The IEC is the custodian of national elections in the country and as such it has an interest in this matter. I am alive to the fact that this could delay the case, but the matter could still be expedited even then.”
Subsequently, attorney for the applicant, Martin Dingake did not object to the submission of the respondents to join IEC but said he was only concerned about the turnaround time to conclude the matter.
“There is no difficulty with IEC being joined as party to the proceedings but obviously the issue is on the turnaround time,” he said.
After the court agreed to postpone the matter to Friday, Chief Justice Rannowane said he wants the matter finalised within two weeks, as parties would need time to prepare for elections.
He ordered that both parties should file written submissions by June 26 and Mwiya should manage the process of joining the IEC.
On other matters, the IEC also received petitions to stop Duma Boko, Ndaba Gaolathe, Haskins Nkaigwa, Kagiso Thutlwe and UDC council candidate, Jackson Koko from contesting the elections because similarly they knowingly provided wrong addresses as their principal residences.