AG Defends Use Of EVMs
Lebogang Mosikare | Monday May 22, 2017 15:36
The anticipated use of EVMs in the 2019 plebiscite has greatly polarised the nation along political lines.
Members of the ruling Botswana Democratic Party (BDP) see nothing sinister about the use of EVMs while those of the Umbrella for Democratic Change (UDC) smell a rat.
The BCP, which is an affiliate of the UDC, has taken the Attorney General (AG), Chairperson of the Independent Electoral Commission (IEC) and Secretary to the IEC respectively before the Francistown High Court opposing the use of EVMs.
Amongst other reliefs, the BCP says 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.
In the Memorandum of Appearance to defend filed by Matlhogonolo Phuthego on behalf of the AG before Justice Lot Moroka on April 19, the AG says Section 32 (3) (c) of the Constitution of Botswana does not specifically prescribe the use of a Ballot Paper as a method of voting where the parliamentary election is contested in any constituency.
The AG adds that therefore, voting by means of EVMs is one of the methods by which a ballot may be cast.
“Consequently, the AG denies that any of the provisions in the Electoral (Amendment) Act No. 7 of 2016, dealing with electronic voting violate Sections 32 (3) (c), 3, 12, 13 or any provision of the Constitution of Botswana. Voting by EVMs as envisaged in the Electoral (Amendment) Act No. 7 of 2016 constitutes voting by ballot.”
In its second ground to defend the use of AVMs, the AG says Sections 27, 28, 29, 30 and 32 of the Electoral (Amendment) Act No. 7 of 2016 make provision for paper trail, in so far as they provide for the recording of electronic votes and/or results in prescribed forms and verification by election, polling and counting agents.
“The EVMs only replaces the conventional voting method from the point of issuance of the ballot paper to depositing the same into the ballot while other processes remain unaltered,” says the AG.
In its third ground of defence, the AG submits that EVMs introduced through the Electoral (Amendment) Act No. 7 of 2016 will not be susceptible to hacking as they are stand-alone non-internet supported gadgets.
Lastly, the AG says any person who is entitled to register as a voter but does not exercise such right during the registration period will on reading of the provisions of Section 67 (1) as read with subsection 5 thereof of the Constitution of Botswana not be entitled to vote during Parliamentary elections.
“Therefore, the AG denies that there is any provision in the Electoral (Amendment) Act No. 7 of 2016 which contravenes Section 67 of the Constitution of Botswana.”
The AG prays for the dismissal of the BCP suit with costs. Justice Abednego Tafa has appointed Minchin & Kelly (Botswana) Attorneys of Gaborone to represent him in his capacity as the Chairperson of the IEC to defend him against the BCP suit.