Judge Mokwadi Gabanagae issued the order on July 24 after hearing an urgent application brought by Botswana Democratic Party (BDP) legislators namely Karabo Gare, Kagiso Mmusi, Mabuse Pule and Palelo Motaosane against the Independent Electoral Commission (IEC) and its Secretary. Following the application, the court declared the matter urgent and dispensed with the normal rules governing court timelines to allow it to be heard without delay. In the order, the court ruled that the applicants' failure to submit election expense returns within the 90 days required under Section 87 of the Electoral Act was condoned. "The applicants' failure to render elections return in respect of election expenses within 90 days as stipulated under Section 87 of the Electoral Act since the results of the 2024 General Elections were declared, be condoned," the order states.
The court also authorised the returning officers responsible for each of the four MPs to accept their election expense returns despite the statutory deadline having expired. Justice Gabanagae further ordered that each applicant must submit the required return within 30 days from the date of the order. "Each of the Applicants be required to have rendered the said return within 30 days of this Order," the ruling says. The court warned that the relief granted was conditional. "Failing the rendering of such returns within the said period, this condoning order shall lapse," the order states. No order was made as to costs. The four MPs had approached the High Court on an urgent basis after admitting they had failed to submit election expense returns within the period prescribed by law. In their court papers, they asked the court to excuse their late filing and to authorise returning officers to receive the documents after the expiry of the statutory deadline.
