Commision to square up with UDC in court next week Madibelatlhopo blame IEC for the voter registration postponement IEC Chairman responds to Boko's demands

The Independent Electoral Commission (IEC) has postponed the nationwide voter registration exercise that was to kickstart on Wednesday this week.

This comes after the High Court granted opposition party Umbrella for Democratic Change (UDC) a temporary relief to have its agents observe the voter registration process.

IEC Secretary, Jeff Siamisang has used his powers under the Electoral Act to postpone the voter registration which was to start on 1st to 30th November 2023. He stated in a Statutory Instrument published on the Government Gazette on 31st October 2023, that registration will now start on 13th November to 8th December 2023.

Justice Gaolapelwe Ketlogetswe issued a rule nisi, calling upon the IEC to show cause on the 7th November 2023 why an order pending the final determination of an application determining the extent of the UDC’s constitutional right to observe and monitor national elections, which application is to be filed on or before the 7th November 2023 cannot be made.

“An order is made that the respondent, anyone acting through the respondent and any other party at all, is interdicted and restrained from preventing the applicant’s agents, whose full particulars the Applicant shall provide to the respondent, from observing and monitoring the national elections registration process scheduled to start on the 1st November 2023,” he said.

The judge stated in his ruling that the IEC should show cause why an order cannot be issued to allow UDC to observe and monitor the national elections registration exercise, including having the UDC’s agents recording the names and national identity card numbers of the people registering to vote and recording the serial numbers of the registration booklets for each and every registration day at the opening and closing.

Madibelatlhopo are accusing the IEC of irregularities which prepare the ruling party for rigging the elections in their favour. Furthermore the leader of the UDC Duma Boko this past Saturday stated at the ‘A re Ikwadiseng tour’ rally in Gaborone that they might just take the IEC to court over oversight issues as they feel that the commission is not being held accountable for their actions which have a detrimental impact on elections.

A day before the voter election registration exercise was to commence nationwide (31-Oct-23) the UDC filed an urgent application seeking an interdiction and a declaratory order against the IEC.

UDC sought to deploy observers during the registration period across the nation and since this is not provided for in the Electoral Act they went to the courts to seek the permission

Following the court ruling the IEC moved the voter registration dates to the 13th November – 8th December 2023.

To understand the rift between the IEC and the Madibelatlhopo movement the Botswana Guardian spoke to the Chairperson of Madibelatlhopo, Mike Keakopa.

Keakopa revealed that over and beyond their different engagements throughout the year with the IEC Secretary, Jefferson Siamisang they communicated with the IEC secretary on the 29th of August through an email asking the secretary to commit in writing that polling agents will be allowed to be in the same vehicles carrying boxes to counting centers.

Furthermore they brought forth questions to the IEC secretary which sought to assure them that the elections will not be rigged.

They wanted to know about the number of registration books and registration cards that have been printed, if any third party has access to the IEC system, DIS’s role in the electoral system, they were also asking for more

transparency within the commission during elections among other demands which they say seek to promote fairness during elections.

The demands brought forward to the IEC were 40 in number, and the core of their request was that they want a mechanism that improves transparency of the registration process which will see to it that monitors sit side by side with registration officers to ensure that the UDC has the same data captured by the IEC on a daily basis.

They state that this will counter data manipulations in the system at the IEC office as the UDC believes that roll integrity is fundamental to the credibility of the elections.

Keakopa said that he does not know why the IEC Secretary has not yet responded to their email nor their requests.

He noted that they decided to go the legal route because the IEC Chairperson and IEC Secretary refused to accede to their demands which are justified under the law.

He revealed that they have been engaging the IEC leadership since early this year but nothing promising has come forward yet. Keakopa said that they have not hindered the registration process and the postponement of voter registration has nothing to do with them as this is the second registration postponement to occur this year and it might not be the last one.

He explained that these postponements are as a result of the IEC and its secretary Siamisang, adding that they need enhanced transparency in these election process and they have a legal right to seek it at the courts.

Keakopa is surprised that on the 31st of October the IEC issued a statement noting that they are ready for voter registration. The statement was co-signed by the IEC chairperson and the secretary of the IEC.

On this basis Keakopa noted that there was no reason for the postponement and they should have implemented the court order. He argues that the IEC does not want transparency and they do not want stakeholders to monitor the elections because the Commission plans to rig the 2024 elections just as they rigged the previous ones.

Adding on the list of people demanding answers from the IEC on the 6th of October a letter from the UDC President to the IEC chairman Justice Barnabas Nyamadzabo was made public. In the letter Boko’s concerns revolve around the electronic data management system employed by the IEC. He questions the integrity and reliability of this system, particularly in the generation of voters' rolls, which play a crucial role in the electoral process. Boko points out instances of irregularities in voter registration, including registration officers taking registration booklets home overnight, a practice that has raised concerns about the accuracy of voter data.

Moreover the letter further demanded answers regarding the IEC's data management system, including its supplier, installation date, service level agreements, and personnel with access rights.

Boko adamantly called for an end to the practice of registration officers taking booklets home, while pushing for the UDC's presence during voter registration to ensure compliance with the Electoral Act.

He highlighted instances of the Directorate on Intelligence and Security Services' involvement in the electoral process, seeking information about the manipulation of the IEC data management system and the appointment of ruling party activists as Presiding Officers.

Boko's correspondence underlined the imperative need for transparency, fairness, and the highest standards of integrity in the electoral process.

As Botswana approaches its next general election, the letter served as a poignant reminder of the significance of an impartial and transparent democratic system, urging all stakeholders to actively participate in upholding its integrity.

This publication is in possession of a letter that is said to be the IEC’s Chairperson’s response to Duma Boko. In the letter dated 27th of October Judge Nyamadzabo explained to Boko that the IEC has strengthened supervision as well as introduced a daily monitoring tool to avert manipulation during the 2023 general voters’ registration.

Judge Nyamadzabo rejected the request of the UDC to have its own registration clerks at polling stations and have them observe registration processes as this is not provided for in the Electoral Act.

He stated that the IEC is not privy to any information on allegations from the 2019 election whereby the IEC reportedly had a different voters’ roll from the certified one.

Judge Nyamadzabo said he could not reveal details of electoral data as they are a high security area to the Electoral Management Board (EMB), further stating that only a few key employees of the IEC have access to this data.

According to the letter there is no evidence that the DIS was deployed into the IEC during the 2019 elections.

“The IEC has never exhibited any favouritism towards any political party and we will not do that under any circumstance,” Judge Nyamadzabo stated.

IEC spokesperson Osupile Maroba confirmed that the IEC chairperson recently responded to Duma Boko's letter and he confirmed that the postponement of the voter exercise has been done due to the court case that has been brought before them.

Retired High Court Judge and former IEC Chairman Abednego Tafa recently called on government to give the IEC autonomy. He expressed hope that Government will one day accede to the IEC’s demand for more autonomy that will allow it to hire its own personnel so as to ensure true independence in its operations.