State pulls another stunt in watershed EVM case

The case in which Botswana Congress Party (BCP) is contesting the legality of Electronic Voting Machines (EVMs) in our electoral system suffered another setback this week when the State demanded that BCP file an affidavit to support its amended declaration.

BCP had instituted legal action against the Attorney General (AG), Chairperson of the Independent Electoral Commission (IEC) and Secretary to the IEC respectively. The AG later applied to dismiss the case without arguing its merits citing late filing by the plaintiff. In response, BCP also applied for condonation citing that they filed late because they had not secured experts.

They pleaded with court that the matter be heard through its merits. A judgement of the court threw out the points the AG raised regarding the late filing of the declaration and the application for dismissal thereby allowing BCP to file its declaration. The parties then came to an agreement that BCP file its amended declaration.

But this week Tuesday AG’s objected saying that BCP has not filed an affidavit to deal with what they say are new issues. Speaking to The Midweek Sun after the court session, BCP’s attorney Gabriel Komboni said the affidavit is unnecessary. Komboni said that they felt that their original affidavit has covered everything that has been converged in the amended declaration.

According to the attorney, details that are sought by the AG will come with evidence. “We are talking of issues of expert testimony, there is a procedure whereby summaries of expert witnesses are filed in terms of the rules, and they are going to be called to give evidence.” Komboni said that he was failing to understand what details the state wants as those details will come with evidence when the matter comes for trial. The attorney said it is a small technical issue which has to be deposed off by court as it has been raised.

The matter will come for argument on the 6th November before Francistown High Court Judge Lot Moroka. He ordered that the applicants file their heads of argument on the 30th October while the respondents shall file theirs on the 2nd November.