“Opposition petitions on election fraud fall flat’
Sello Motseta
Opposition court petitions in which 14 parliamentary candidates tried to nullify Botswana election results alleging BDP officials engaged in corrupt practices abetted by intelligence officials with the co-operation of Independent Electoral Commission(IEC) officials have all been dismissed.
The Botswana elections were held on the 23rd October 2019 with parliamentary elections held across 57 constituencies around the country. Despite a public spat between President Mokgweetsi Masisi and his predecessor Ian Khama, the ruling BDP increased its share of the vote to about 53% winning 38 of the 57 seats in the National Assembly.
“We are happy with the judgements and feel vindicated. Judges agreed with all out points except 2. All of the petitions have fallen. There is only parliamentary petition left for early January,” said Basimane Bogopa, Senior Partner at law firm Bogopa and Manewe Attorneys
He said, “The opposition petitions had to be presented properly in accordance with Electoral Act before we went to trial by not filing late and pleading material facts. The opposition petitioners wanted to jump straight into trial without following preliminary steps preparing process.”
Courts ruled petitions submitted by opposition parties did not comply with section 105 of the Electoral Act(Cap. 02:09) by failing to show payment of money or some other illegal practice was done with knowledge of the winning parliamentary and council candidates. There were also procedural errors in petitions of opposition applications like failing to indicate legal standing of IEC, not providing providing sureties and addresses and late filings.
The allegations of fraud by opposition were based on evidence provided by whistle blower Moemedi Dennis Bailalafi, who was allegedly part of election campaign of ruling party.
He said strategy meetings attended by leaders at highest level within BDP and the Directorate of Intelligence Service(DISS) hatched plans to win the elections by any means.
Opposition parties were upset by outcome saying they did not aver ruling party officials were colluding with polling agents and election officials to undermine election results.
“Our facts do not suggest that. Our facts say President, Vice President, Directorate of Intelligence Services(DIS) and the Secretary General of the BDP had a meeting in the presence of our whistle-blower to steal election,” said Nelson Ramaotwana, who was Gaborone Mayor from 1999–2004 and was the parliamentary candidate for Botswana National Front in Gaborone South.
He said, “This conspiracy occurred in July 2018. There was no election or polling agent appointed at that time. They have misunderstood our case.”
Polling agents by all parties were submitted on 23/10/2019 and election agents were submitted on 7/10/2019. Parliamentary and council candidates were submitted on the 26/9/2019.
“Either we go to court of appeal or we will go to the people. We did not want to pollute or contaminate our facts before decision of the courts,” said Ramaotwana.
There is only parliamentary petition left scheduled for early January involving Ghanzi North parliamentary hopeful Noah Salakae.
