In this gamesmanship, some are hoping President Khama revokes the previous writ for the bye election and issue a fresh one to allow the BDP to register its candidate. This though would become the flagship point for those who argue our democratic institutions lie in ruins; it will bring credibility questions over what has been the hallmark of Botswana’s democracy- that elections are free and open. President Khama should not by any means use his powers to issue a new writ.
Legally nothing is wrong with that. He could do that without being taken to the ICC, he could do that without anyone quite seeking and being granted a court interdict against him. And that is the problem: the matter at hand, the eyes of all in this country and across the world are on how he will react to this challenge. The exercise of his legal authority will be watched closely. See, much as legal provisions are put into place, they always have to be applied within a context.