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IEC relived as gov't drops EVMs

Voters at polling station
 
Voters at polling station

Government announced last week that the Act had been put on hold. The Electoral (Amendment) Act No. 7 of 2016, which became a subject of controversy after Parliament passed the Bill in 2016 provided for amongst other things the replacement of voting by ballot paper with Electoral Voting Machines (EVMs) and abolishment of the supplementary registration of voters.

IEC said in a press statement that the decision is clear that the 2019 General Elections will be facilitated using the Electoral Act (Cap 02:09).

“As the Commission, we therefore, wish to assure the nation that preparations for the 2019 elections, which have already commenced with voter registration, will continue using the Electoral Act (Cap 02:09),” said IEC chairperson, Justice Abednigo Tafa in a statement.

 The general voter registration exercise commenced on Monday September 3 and will end on the November 11, 2018.

“As the chairman of the IEC, and on behalf of the Commission, I call upon all eligible Batswana to take this opportunity to register now for the 2019 General Elections in large numbers. A supplementary voter registration may be considered should it be necessary.” 

The Electoral (Amendment) Act No. 7 of 2016 became a subject of a court case in which Botswana Congress Party (BCP) were suing the Attorney General, chairperson of the Independent Electoral Commission (IEC) and secretary to the IEC respectively.

Amongst other reliefs, the BCP wanted all sections of the Electoral (Amendment) Act No. 7 of 2016, which provide for the replacement of voting by ballot paper with EVMs to be declared unconstitutional and in violation of Section 32 (3) (c) of the Constitution of Botswana be set aside and struck out.

The BCP also argued that all sections of the Electoral (Amendment) Act No. 7 of 2016, which provide for the replacement of voting by ballot paper with voting by EVMs be declared unconstitutional and in violation of Section 3 as read with Sections 12, 13 and 67 of the Constitution of the Republic of Botswana, be set aside and struck out.

The opposition party also wanted Section 6 of the Electoral (Amendment) Act No.7 of 2016, to be set aside and struck out as it is unconstitutional and violates Section 67 of the Constitution of Botswana.

The amendment deleted Section 8 of the Electoral Act, thereby abolishing continuous and supplementary registration of voters.

Any action, the BCP 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.