Case threatens Integrity of 2024 elections
The Umbrella for Democratic Change, Botswana Congress Party, Botswana National Front, Alliance for Progressives and nine other political parties have filed an urgent application to interdict four commissioners of the IEC from presiding over the October 30th general elections.
The parties have cited the Attorney General, The Judicial Services Commission, and Botswana Democratic Party as First to 3rd Respondents respectively.
Other respondents, who were recently appointed as IEC commissioners are Maotoanong Lepedung Sebina, Uyapo Ndadi, Elizabeth Melebogo Masire, Thebeyame Tsimako, and Wame Tryphina Thanke cited as 4th to 8th respondents respectively.
Opposition parties argue that the appointment of the commissioners violated the constitution and is therefore tantamount to the BDP bringing its own referee into the game of elections.
They argue that the Minister for State President Kabo Morwaeng ignored the recommendations of the All Party Conference and submitted his own list of commissioners to the JSC, and therefore was in violation of section 65A of the constitution.
In their court papers, the parties acknowledge that the BDP had reservations on the composition of the All Party Conference since the UDC brought its affiliates as autonomous parties, but state that the establishment of the platform gives registered political parties in the country a right to vote in the APC.
“The applicants position in seeking a waiver of the statutory notice was informed by the fact that elections are due to take place on 30th October 2024, if the unlawfully appointed commissioners preside over the said elections it will taint the entire electoral process with a risk of the entire elections and their outcome being set aside,”BNF Deputy Secretary General Nelson Ramaotwana has stated in his affidavit.
The aggrieved parties added that the five commissioners cited are not fit, not qualified and not impartial compared to those in the list recommended by the APC Forum.
They further argued that there were no exceptional circumstances that gave the JSC basis to ignore the APC recommendations and appoint its own commissioners since the APC had shared the list within the prescribed time.
“In fact the minister, when directed by the All party Conference to communicate its resolution relating to the recommendation of commissioners of the IEC refused to do so; that is when the All Party Conference resolved that it will author its own correspondence to communicate its decision with JSC and it did,” the BNF Secretary General noted,.
The Applicants also stated that Morwaeng was wrong to report to the JSC that the APC failed to agree on a list, when the forum had actually voted on the list endorsed by majority, and shared its recommendations with the JSC.
The parties have further argued that there existed no basis for the JSC to rely on a report by the Minister and ignore clear communication of the APC, when majority of the parties agreed on the initial list.
“Section 65A seeks to remedy a situation in which the party in government controlled the electoral process, especially considering that it is also a player and as such, it could not objectively be referee or be expected to honestly and fairly pick referees in the electoral process. The JSC was only to come on board in instances where the APC could not resolve on the names to recommend, such being a measure of last resort, which did not occur in the current case,” said Ramaotwana.
The parties have recommended that the 4th to 8th respondents should be interdicted from discharging the function of the IEC commissioners pending review proceedings.
The case is before Justice Ophaketse Maphakwane of the Lobatse High Court.
