It is Mogae's call

GIDEON NKALA
Staff Writer | Thursday November 15, 2007 00:00

Political parties and the Independent Electoral Commission will have to wait and strain their ears in the hope that Mogae will call the by-election before he leaves office in March 2008.

Barulaganye Machacha, the Chief Elections Administrator at IEC, says that only the President is empowered to call a parliamentary by-election. Asked whether the law prescribes a time period within which a by-election should be held once a vacancy arises, she said there is no provision in the Act.

'For the purpose of a general election to the National Assembly, or of a by-election to fill a vacancy therein caused by death, resignation or otherwise, the President shall issue a writ under the Public Seal of Botswana addressed to the Returning Officer of each constituency for which a Member is to be returned fixing (a) the place and day on which, and the hours between which the Returning Officer will receive nominations of candidates for election,' reads Section 34 of the Electoral Act.

Machacha's view is endorsed by Sidney Pilane, the President's special advisor, who maintains that Mogae is not bound by any time frame to call a by-election.

'There is no time limit prescription,' Pilane says.
Pilane says even without a prescriptive clause, the President always acts in the best interest of all. 'He cannot stay indefinitely without calling a by-election.

Once he is officially aware of any vacancies that exist, he will, after consultation with IEC and other advisors, issue a writ which would cause a by-election to be held,' Pilane said.

Pilane said the President has to satisfy himself that all that needs to be ready for the by-election is in order before he makes a decision.

Once a writ is issued, Machacha continues, the IEC would have to ensure that a by-election is held within 22 days of the issuance of a writ.

While other political parties seem to be uninformed, some in the BDP say Mogae tipped them that the Palapye by-election, and perhaps the one in Kgalagadi North, would be held before he leaves office in March 2008.

The statement, according to the BDP source, was made in Palapye when President Mogae met with followers after a Kgotla meeting where he informed residents that Sebetela had resigned as MP.

President Mogae is believed to have made the announcement to some individuals at the meeting.

Pilane said he is unaware that the President had commented on the issue to BDP members in Palapye.

Palapye BDP branch secretary, Boipuso Rasekopo said she never heard the President make the announcement.

On the ground, BDP functionaries say they have been told that the party primaries will be held in December while the by-elections will be held in February or early March 2008.

Although the BDP has not held its primaries, Professor Shiela Tlou, Isaac Maforaga, Oganne Mogano, Master Goya and an unnamed Gaborone-based Palapye resident are expected to throw their names in the hat for the party primaries.

The opposition Botswana Congress Party is likely to choose between James Olesitse and Comfort Molosiwa.

The Botswana National Front is searching for a candidate because Gabotsoswe Lebitsa, who stood for the party in the last general election, wants to study abroad.