EVMs fight rages on
Staff Writer | Wednesday June 28, 2017 17:08
The fight pits Botswana Congress Party (BCP) against the Attorney General (AG), Chairman of the Independent Electoral Commission and Secretary to the Independent Electoral Commission.
On June 15 when the parties first appeared before court, Justice Lot Moroka advised the parties to deal with all interlocutory applications on their own to prevent bringing mundane issues to court. The judge was of the view that the matter should proceed expeditiously as both parties have indicated because it was of high degree of national importance.
Moroka set the matter for the initial case management conference for August 23.
A few days later, the AG filed a notice of opposition notifying the BCP of its intention to oppose the party’s application for condonation of late filing of declaration.
In June, the secretary general of BCP Kentse Rammidi made an affidavit in support of the plaintiff’s application for condonation of late filing of his declaration and accompanying documentation. The BCP had filed its declaration nine days out of time. Giving reasons for the late filing, Rammidi said the EVMs are susceptible to hacking and therefore would violate the voters and plaintiff’s constitutional right to efficient, proper free and fair elections. In his appearance to defend, the AG…denies that EVMs intended to be introduced by way of the Amended Electoral Act are susceptible to hacking as they are stand alone non-internet supported gadgets,” Rammidi said.
He continued: “After receiving appearance to defend, it became necessary for the plaintiff to secure expert opinion through advice particularly regarding the security and vulnerability to hacking of the EVMs which machines are not commonly used in Africa… The plaintiff’s officials have been trying to obtain such expert opinion which would be necessary for the plaintiff’s further pursuit of the matter”.
It was therefore not possible for the plaintiff, Rammidi noted, to secure expert advice and opinion within limited time given by the rules of court.
“This issue involved the identification of competent experts, seeking their consent to give expert opinion and advice which will be used in evidence, seeking meetings with the experts in order to lay down the problem at hand and what solutions were required,” Rammidi said.
He stated that it was therefore, not possible to move on these within the limited time given.
“This is further complicated by the fact that the plaintiff has very limited resources due to the fact that the state does not fund political parties and as such the plaintiff has to rely on donations from its members and those holding elected office through the party… It therefore became impossible although the plaintiff hoped to meet the deadline for the filing of its declaration,” Rammidi said.
Rammidi said although the BCP was able to file its declaration on April 23, which was nine days out of time and even then, the issue of finding an expert has not been concluded.
He says that the issue of security and hacking of EVMs is real and needs to be addressed by the plaintiff. The BCP said that it was invited by IEC to a demonstration of the EVMs by a team of experts from Bharat Electronics Limited, which is to supply the EVMs.
“The BCP did not attend the same demonstration on account of the fact that if felt that the invitation was improper in view of the pending litigation and further because it was not able to secure an expert to honour the invitation by the IEC to hack and compromise the said machines,” said Rammidi.
He continued: “It is common cause that at the end of the day, Bharat Electronics Limited refused to subject the EVMs to hacking by the invited hackers much to the disappointment of those who attended”.
The BCP, Rammidi says, views the matter as very important to the continued sustainability of democracy in Botswana because it involves the vital and sacred issue of elections.
“The change in the manner in which elections are held and by extension the manner in which the citizens of Botswana choose their government cannot be downplayed by any serious and patriotic citizen of this country.
“The matter is therefore not only important to the plaintiff as the plaintiff intends to take power through the ballot but to voters who would want to make sure that their vote is captured properly and allocated to their candidate of choice. It is therefore important that this matter should proceed and be heard on its merits. The plaintiff has substantial prospects of success in this matter,” said Rammidi.
Gabriel Komboni, the attorney representing the BCP in the matter said that he feels constrained to comment on whether the party has now secured an expert to hack the EVMs or not.
“It is very difficult to comment about a matter that is still before court. We frankly have a problem with that. I therefore feel constrained to talk to journalists about what you are asking,” Komboni said.