EVM case drags on
Lebogang Mosikare | Tuesday October 24, 2017 15:45
The case pits the Botswana Congress Party (BCP) against the Attorney General (AG), chairperson of the Independent Electoral Commission (IEC) and secretary to the IEC respectively.
BCP’s attorney, Gabriel Komboni told Mmegi that the AG has raised a point regarding the amendment of declaration and affidavit.
“We filed our amended declaration and they objected. They want us to file another affidavit, but we think that does not make sense. Whatever they are complaining about is a matter of evidence that will be dealt with during trial,” said Komboni.
The AG’s attorney, Mathogonolo Phuthego concurred with Komboni.
At the end of the brief case management conference, Justice Lot Moroka ordered that the applicants shall file their heads of argument by next week Monday while the respondents shall file theirs by November 2.
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 with EVMs 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 argues 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 and hereby be set aside and struck out.
It is also of the view that Section 6 of the Electoral (Amendment) Act No.7 of 2016, 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 argues, 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.
Defending the suit launched by the BCP, the AG in their Memorandum of Appearance says that Section 32 (3) (c) of the Constitution of Botswana does not specifically prescribe the use of a ballot paper as 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.”