*Saleshando says they’ve found the expert *AG seeks to use a nuclear bomb to resolve a domestic quarrel- Justice Moroka.
Botswana Congress Party (BCP) were overjoyed last week after a Francistown High Court allowed them to engage an expert to determine if the Electronic Voting Machine (EVM) is hackable or not.
The application for dismissal filed by the Attorney General was dismissed by Justice Lot Moroka last Thursday as the late filling of the BCP’s declaration was condoned.
Last week the Attorney General pleaded that the case be dismissed as they claimed the BCP filed their statutory notice late. On the other hand BCP had made an application for condonation even though they filed late.
Moroka stated that the BCP was not asking the court to adjourn the matter so that it could do any research but rather it was saying there was a need to engage an expert.
“That would be against the public interest of expeditious resolution of disputes whereas as in this case, the declaration is already filed, and the degree of lateness is slight, it would be wrong to exercise the court’s discretion in the drastic sense.
It is permissible by law to say that the BCP has demonstrated that it has a reasonably arguable case on the merits.
This court cannot in this ruling pronounce in definitive terms on the merits of the case.
These are matters of evidence to be dealt with by the parties on the trail of the merits.
Nothing turns on the hackability or lack thereof of the machines in the dismissal application,” highlighted Moroka.
Moroka stated that the Attorney General has not demonstrated how the nine days delay in the filling of the declaration would be prejudicial to its own case and not that of the IEC.
“The fairness of the electoral process is a matter that all Batswana have interest in. Therefore the manner in which the elections are to be held, the transparency, reliability and integrity of the electoral process are matters which all people of this country have a vested interest in,” closed Moroka.
In an interview with the BCP President, Dumelang Saleshando, he revealed that he was happy to have been given a go ahead to engage an expert.
“This is not a matter that could have been brought before court. The government has to stop stalling.
We are now ready to get in the merits of the case. We will be prepared with everything we need. It might have taken time but we have experts to demonstrate the machines can be hacked.
We have less than 1 million people voting in Botswana – why use the EVM to vote,” closed Saleshando.