Not everything should be resolved by the Courts – Lesetedi
Leader of the Umbrella for Democratic Change, Duma Boko who is also representing the opposition coalition in its ongoing dispute with the Independent Electoral Commission rubbed the bench of the Court of Appeal the wrong way on Monday when he warned of chaos should the court rule in favour of IEC.
When responding to arguments by the Independent Electoral Commission, Boko said the judgment by Justice Gaolapelwe Ketlogetswe should stand since it only allows the UDC to monitor the registration process, a courtesy which the IEC Act does not prohibit.
He noted that the UDC was just being courteous with IEC by informing them of their intention to observe elections, something they could have done anyway. He said the UDC was avoiding possible chaos that could have attracted law enforcement agencies.
However, an exchange ensued between Boko, Judge Mercy Garekwe and Judge President Tau. It was during that seemingly heated exchange that Boko commented that if the Court of Appeal were to rule in favour of IEC the UDC would go ahead and observe the registration.
“Is that a threat Counsel Boko, I take exception to that,” warned Tau to a roar of disapproval from the public gallery?
Meanwhile representing the IEC, Advocate Andrew Redding argued that transparency is a requirement for free and fair elections, it should be weighed against other factors to avoid chaos. He said the UDC is making allegations about irregularities in the 2019 general elections but has failed to present any evidence to support such. He added that there are other allegations that the IEC is likely to conduct the 2024 elections in an unprofessional manner,yet no evidence has been produced to support such claims.
Advocate Redding further stated that the UDC waited until the eleventh hour to bring an urgent application interdicting the registration process, only to take their case to Francistown where the IEC is not resident.
Redding noted that the UDC should rather challenge the Electoral Act and its constitutionality since the IEC is only implementing what is in the Act.
He further argued that there is no provision in IEC Act that allows observers and that statutory bodies are created by laws that explain who should do what, where and when.
UDC on the other hand argued that it has a prima facie right that it derives from Section 3(b) of the Electoral Act and Section 65 of the Constitution to observe the registration and voting process.
Furthermore, UDC noted that transparency for free and fairness of elections should start at the registration process so that those competing should be able to compare the Voters’ Roll with what they have observed.
Among other issues Boko said those registering should have valid Identity Card, and physically present themselves for registration at a gazetted registration centre within stipulated times.
“What is inefficient about my sitting there observing the IEC as it registers, and satisfying myself that today 50 voters registered at this polling station, and all the 50 of them physically presented themselves. I saw and I ticked these 50 and it was within the stipulated times, and they all had valid ID documents so that when the voters roll is given to me, I am able to examine this bulky document with over 900000 people and then be in a position to meaningfully affirm that the IEC indeed did what was right,” he said.
He added that the presence of UDC observers will make life easier for the IEC. Boko argued that the Court of Appeal has no jurisdiction on matters that are still ongoing at the High Court.
However, there was a series of questions on where the UDC derived its prima facie right to observe the registration process leading to a tense exchange between Boko and the bench, particularly Mercy Garekwe,who kept firing missiles at the UDC president.
Justice Lesetedi interjected to remind Boko that the UDC differences with the IEC were slim, adding that it is not everything that should be resolved in the courts.
The IEC is appealing orders of Francistown High Court, Justice Gaolapelwe Ketlogetswe instructing the organisation to allow UDC members to observe the voter registration process whilst the case in still ongoing.
Boko also urged the court to dismiss the appeal with costs. Judgment reserved for next week.
