BCP to be heard on EVMs
Lebogang Mosikare | Friday September 1, 2017 14:44
Amongst other reliefs, the BCP [Botswana Congress Party] 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. Before the BCP case could be argued on its merits, the AG applied for the case to be dismissed because the BCP had filed its declaration nine days out of time.
The chairperson of the Independent Electoral Commission (IEC) and secretary to the IEC respectively, other respondents in the matter respectively, did not oppose the BCP’s case. Giving his judgement on the case yesterday, Justice Lot Moroka said the AG has not succinctly stated how the late filing of the declaration by the BCP will prejudice them.
Moroka said the delay to file the declaration by the BCP on time is slight, adding that taking drastic action of dismissing the case as the AG argued will not be in the good interest of justice and the nation at large. Moroka said Botswana is known for its credentials of being a beacon of democracy in the world where the democratic rights of voters are jealously guarded and respected.
The judge added that it would be a fallacy to dismiss the matter before its merits are heard.
“The AG stands to suffer minor prejudice as a result of the infringement that the BCP occasioned. The minor infringement does not warrant the applicant’s case to be dismissed based on a technicality before its merits are heard. This matter does not only concern the parties before court but also has a profound effect on voters who determine which party is given the reigns to govern the country,” Moroka said.
Moroka added: “The main action of this matter is sacred because the holding of national elections in this country is the hallmark or cornerstone of our democracy. The decision of the court should not be interpreted to mean that the BCP would prevail after the main action of this case is heard. We have not reached that stage. The court will arrive at the decision of who will prevail in the BCP after the merits of the case are heard”.
Moroka chided the AG, principal legal advisor to the government, for trying to resolve a domestic quarrel with nuclear bombs. The application to dismiss the BCP case by the AG, Moroka said, on a mere technicality is bereft of merit and cannot succeed before the merits of the case are heard. At the end of the judgement, Moroka ordered that the AG case be dismissed without costs.
He also ordered that the late filing of the BCP declaration be condoned. The case will go to Case Management Conference on October 23. Hordes of opposition parties’ supporters who filled the public gallery and the leader of the BCP, Dumelang Saleshando and his deputy, Kesitegile Gobotswang, welcomed the court’s decision.
Saleshando said it was hasty for the AG to apply for the BCP’s case to be dismissed before its merits were heard. “The crux of our matter is that we want to prove to the court that EVMs can be hacked. In the first place, there was no need for the AG to apply for the dismissal of the matter before its merits are heard. At the right time during the case, the BCP will avail EVMs experts to prove that EVMs can be hacked,” Saleshando said.