EVMs case ends in mutual agreement

Lebogang Mosikare | Tuesday April 9, 2019 17:58

 

The BCP had instituted a lawsuit against the Attorney General  (AG), Chairperson of the Independent Electoral Commission (IEC) and Secretary to the IEC over the use of the EVMs. 

But as anticipated, the case came to and end on Monday after both parties in the matter decided to end it by mutual agreement.

The parties reached an agreement to conclude the matter with each party agreeing to pay its own costs of the suit before Justice Lot Moroka.

The parties’ withdrawal of the case follows a recent debate in the National Assembly whereby members of Parliament across the political divide unanimously agreed to halt the use of EVMs during the elections.

BCP was of the view that the EVMs are prone to manipulation and can be hacked in the favour of the BDP hence its abhorrence of the gadgets.

The BCP argued that all sections of the Electoral (Amendment) Act No. 7 of 2016, which provide for the replacement of voting by Ballot Paper by EVMs be declared unconstitutional and in violation of Section 32 (3) (c) of the Constitution of Botswana, be set aside and struck out.

It was also of the view that Section 6 of the Electoral (Amendment) Act No.7 of 2016, which has deleted Section 8 of the Electoral Act thereby abolishing continuous and supplementary registration of voters being unconstitutional and in violation of Section 67 of the Constitution of Botswana, be set aside and struck out. 

Any action, the BCP had argued, done in pursuance or in execution or intended execution of the aforesaid provisions of the Electoral (Amendment) Act No.7 of 2016 be declared unlawful and set aside.