BCP Stops EVM Purchase, For Now
Oarabile Mosikare | Monday May 8, 2017 16:09
The IEC attorney John Griffiths confirmed this to the Botswana Congress Party (BCP) in a correspondence dated April 26, 2017. “We refer to our previous correspondence and our advice that our client has stopped purchasing the Electronic Voting Machines. We herewith confirm that our client shall not proceed with the procurement process at this stage,” Griffiths wrote to the BCP lawyer Gabriel Komboni.
In March 2017, Komboni sought from the IEC written confirmation that they shall suspend the procurement of the EVMs pending the outcome of the litigation filed by the BCP in February. The IEC secretary Keireng Zuze, chairperson Justice Abednego Tafa and the Attorney General (AG) were served same letters by Komboni, who is 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 said. He also said 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.”
The Public Procurement and Asset Disposal Board (PPADP) was also asked to halt the purchase of the EVMs until the matter before the courts is concluded.
On April 4, 2017 the 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 shall bear the costs. BCP attorney Martin Dingake reminded the PPADB that on March 20, 2017 the BCP approached the High Court challenging the Electronic (Amendment) Act which provides for the replacement of voting by ballot paper with voting by EVM. The case is before Justice Lot Moroka.
In response, the PPADP literally told the BCP to go hang by refusing to halt the purchase of the EVMs until the matter before the Courts is concluded.
It said the recent Board meeting highlighted that it was not aware of any court order directing it to act in any manner in relation to the procurement of EVMs. “Kindly be advised that the Board at its sitting of the 13th April 2017 noted your communication and took the view that it previously addressed a similar request by the Botswana Congress Party (BCP) for suspension of procurement of Electronic Voting Machines (EVMs),” the PPADB correspondence read.
The Board noted that it was not cited, neither are there any orders against it in the summons filed at Francistown High Court by Phumaphi Chakalisa and Company relating to the procurement of the EVMs.
“Despite these observations, the Board advises that the concerns raised in your letter be directed to the procuring entity being the Independent Electoral Commission (IEC) responsible for the procurement of EVMs as it is the entity that makes a determination on the progression of the procurement process.