The EVMs case gained prominence locally and internationally after the Botswana Congress Party (BCP) took the government (precisely the Minister of Presidential Affairs, Governance and Public Administration), represented by the Attorney General, to court. The chairperson of the Independent Electoral Commission (IEC) and Secretary to the IEC respectively are also cited as defendants in the matter. The BCP is of the view that the EVMs are prone to manipulation and can be hacked in favour of the BDP, hence its abhorrence of the gadgets. 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 by EVMs be declared unconstitutional and in violation of Section 32 (3) (c) of the Constitution of Botswana be set aside and struck out. Moreover, the party argues that Section 6 of the Electoral (Amendment) Act No.7 of 2016 which replaced Section 8 of the Electoral Act thereby abolishing continuous and supplementary registration of voters is unconstitutional and violates Section 67 of the Constitution of Botswana be set aside and struck out. 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. On Wednesday this week, the BCP’s lead attorney Gabriel Komboni who was assisted by counsel Dutch Leburu told the court that the matter was scheduled for final case management conference (FCMC).
Komboni stated that the BCP and the AG have filed their FCMC papers on April 3, 2018 and proposed the court to adopt them.
