EVMs procurement under threat
Oarabile Mosikare | Friday April 7, 2017 19:52
On April 4, the Botswana Congress Party (BCP) slapped the PPADB with a letter threatening that should the parastatal continue with the purchase of the EVMs, in seven days, the party will approach the Court and they (PPADB) shall bear the costs.
BCP attorney, Martin Dingake reminded the PPADB that on March 20, the BCP approached the High Court challenging the Electronic (Amendment) Act which provides for the replacement of voting by ballot paper with voting by EVMs. The case is before Justice Lot Moroka.
“The legality, lawfulness or otherwise of the use of EVMs is therefore a subject of court decision and as such lis pendis.
We further understand that the Electoral Amendment Act, whilst assented to by the President of the Republic of Botswana, same is still on notice.
Pending the determination of the BCP Court case, operationalisation of the law as well as enactment of legislation, primarily or otherwise, prescribing the specifications of the EVMs to be used, it would be improper and unlawful to procure, or cause to be procured, EVMs whose specifications are unknown and whose use are a subject of a Court challenge,” Dingake writes.
He says PPADB procurement of the EVMs under those circumstances will be a serious undermining of the authority of the Court and intended to pre-empt the finds of the Court; and to that extent amount to constructive contempt of the Court.
“It is the BCP’s considered view that where you know, or has reason to believe or ought to know (as is the case now), that there exists a case which is pending before the Court in which is sought such reliefs as the BCP seeks, but nevertheless take action whilst the matter is pending and before a decision is made, which decision is calculated to render less effective the order subsequently made or to be made, then your conduct will be regarded as interference with the proper functioning of the Administration of Justice.”
The BCP has also sought from the Independent Electoral Commission (IEC) written confirmation that they shall suspend procurement of EVMs pending the outcome of the litigation filed by the former last month.
The IEC secretary, Keireng Zuze, chairperson, Justice Abednego Tafa and the Attorney General (AG), were served same letters by attorney, Gabriel Komboni acting for the BCP.
“You will notice that our client’s prayers are essentially to the effect that the introduction of voting by way of using Electronic Voting Machines is unconstitutional.
Our client further seeks an order declaring unlawful any action taken pursuant to the amendments to the Electoral Act and further that such action be set aside,” Komboni says. He also says the BCP has learnt that the IEC has acquired an amount in excess of P100 million in order to procure the EVMs.
“Under the circumstances, and in view of the orders that our client seek, it would be unwise and improper for the procurement to proceed before the finalisation of the litigation.
Our client is mindful of the fact that public funds are at issue here, and therefore takes the view that should the procurement proceed and its action succeeds, then the public funds would have gone to waste in large amounts.
Our instructions are therefore to seek written confirmation from yourselves that you shall suspend all procurement of Electronic Voting Machines pending the outcome of the litigation aforesaid.”
Komboni has given respondents a 10-day deadline from April 4, 2017. All the parties have received the letters. Meanwhile, widespread rejection of the EVMs continue countrywide because people say they were not consulted before the law was amended. A majority fear the machines could be tempered with as in countries like India, where the EVMs will be bought.