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High court reserves ruling on EVM case

High court reserves ruling on EVM case
NOT BUDGING: BCP members in during their congress

A case in which Botswana Congress Party (BCP) wants to be given a chance to prove that Electronic Voting Machines (EVM) can be manipulated continued this week before Justice Lot Moroka of the Francistown High Court.

The Attorney General on Wednesday applied for the case to be dismissed as they claim the plaintiff, being the BCP, filed their statutory notice late.

Attorney Gabriel Komboni, representing the BCP, prayed with the court to grant them permission to proceed with the case as they wanted to bring an expert who can prove that EVMs are gadgets that can be easily tampered with.

“My lord we wish to be given time to bring an expert and the reason why we are delaying is because of lack of resources as we are looking for donations from our members. EVM is a programmable device; it can be hacked, so we want an expert to verify that. It is a case dealing with people so it needs to proceed on its full term,” Komboni said and stated that there was no evidence that the public is craving the EVM as government claimed.

“The Attorney General says there will be a delay in procuring the EVM. It clearly shows there is a serious resistance to the EVM. Thus I submit that this is a case where condonation has to be granted.

The electoral amendment does not provide that EVM will provide any proof to the voter that he has voted. We believe we will be able to convince this court that EVM is unconstitutional,” he said.

The state was represented by Matlhogonolo Phuthego and Thato Mojaji who pleaded with the court to dismiss the case with costs as they said the BCP failed to explain their non-compliance.

“They just tell people that the machine is hackable whilst they fail to bring the expert to verify that, why can’t they withdraw the case. The applicants failed to demonstrate any reasonable prospects of success. We want this case to be dismissed as we do not know for how long we are going to wait for them to bring an expert,” charged Phuthego.

Justice Moroka said the case deals with national democracy thus it has to be dealt with as quickly as possible and accurately.

The case continues and the ruling on the matter will be passed next week Thursday.