BCP sues IEC over EVM
Oarabile Mosikare | Friday January 13, 2017 16:02
In a statutory notice dated December 5, 2016 to the IEC secretary Keireng Zuze, chairperson Justice Abednego Tafa and the Minister of Presidential Affairs, Governance and Public Administration, Eric Molale, the BCP wants the court to declare “that the Electronic (Amendment) Act, Act No. 7 of 2016 is unconstitutional and violates Section 32 (2) (c) of the Constitution to the extent that it introduces voting by electronic machines and/or computers as opposed to the ballot paper”.
The party also wants the High Court to declare “that the Electoral (Amendment) Act, Act No. 7 of 2016 is unconstitutional and violates Section 32 (2) (c) of the Constitution to the extend that it seeks to replace the method of voting by ballot, which means voting by way of physically marking on a ballot paper to be deposited in a ballot box, with an EVM and/or computer which does not produce a ballot paper indicating how the voter voted and which can be susceptible to counting and verification”.
The BCP adds that voting by EVM and/or computer is not voting by ballot as provided for by Section 32 of the Constitution. It (BCP) also says the Electoral Act is unconstitutional and infringes against Section 67 of the Constitution to the extent that it has abolished supplementary registration of voters, thereby disenfranchising all those who would qualify as voters after the period of general registration of voters elapses.
It wants the court to declare that any action done in pursuance or in execution or intended execution of the aforesaid provisions of the Electoral Act is unlawful and is hereby set aside.
The BCP attorney, Gabriel Komboni wants the costs of the suit to be borne by the plaintiff.
Meanwhile, the Public Procurement and Asset Disposal Board approved the IEC request for authority to use the direct appointment method to engage Bharat Electronic Limited, from India for the supply of EVMs.
The decision was approved on December 14, 2016.