Africa-Press – Botswana. The Independent Electoral Commission (IEC)’s decision not to recognize the Umbrella for Democratic Change (UDC) election observers has cost it more than 12 million.
The IEC postponed voter registration after the UDC dragged it before the High Court challenging its decision not to allow its agents to be present during the voters’ registration process, to record of the names and identity numbers of persons seeking registration as voters and to record the serial numbers of registration booklets.
In his affidavit before the Court, the IEC secretary Jeff Siamisang said: “A decision was made to postpone the registration process.”
He added: “The cost of so doing has been considerable being an amount exceeding P12, 000 000 (Twelve Million Pula.”
Aside from the election itself, Siamisang said, the continued failure to commence with the registration process is resulting in massive aborted costs to the IC. Siamisang said the IEC had already contracted with various service providers for various forms of services including but not limited to security, registration officer allowances movable ablution facilities and rentals of some polling venues.
He said it could not simplify terminate the services given the uncertainty of when the registration would commence and the prospect of legal action for breach.
“An updated calculation of the abortive costs comes to a total sum of approximately P12, 861, 505, 55, excluding legal costs. When one considers that this amounts to a daily loss of P1, 71792.12 per day that these funds come from the fiscus and can never be recovered, the IEC (which is given a set budget for its operations) is being severely financially prejudiced by the current state of affairs,” said Siamisang.
He said; “The preparations including ensuring that all applicants for voting who are eligible are duly registered. In order to fulfil its mandate, the IEC has planned the registration and preparations leading up to the general election which must be held no later than October 2024,” said Siamisang.
He said sufficient time has to be provided for registration exercise to take place, rolls of registered voters to be complied and published, appeals, objects and cancellations to take place in respect of registration and a final election roll to be prepared for certification by the Secretary.
“It is unlikely that IEC can prepare properly for the election without holding a registration process before the final determination of the UDC’s application to be entitled to have its agents present during registration and recording names and identity numbers from applicant voters,’ said Siamisang.
He said the right afforded to the UC carries with it corresponding obligations. “There is an obligation on the IEC to permit and take steps to administer the presence of the agents and their activities.
This will increase costs, including the costs of training and ensuring that such access does not hinder the registration process,” said Siamisang.
He said obligations are also imposed on voters, to permit the UDC to access (and probably) keep their personal private information. He said these costs, steps and infringements of personal privacy rights of voters will have to take place before any final determination- and cannot be reversed.
If in due course it is established that there was no right for the UDC’s agents to be present, questions will arise as to the validity of those registrations that were conducted with the unlawful presence and involvement of the UDC agents. If such registrations are removed from the roll, or otherwise amended, this could result in the potential disenfranchisement of voters.
“Even if the issue of final effect are ignore, the decision of offends the principle of the separation of powers contained in the Constitution. New rights have been created. I am advised that it is a longstanding principle that it is not for judges to make law (or create right,) but interpret it,” said Siamisang.
He said affording a political party new rights is a decision with profound and social implications.
“Manifestly, such decisions must be made by the legislature, not by a single judge in Francistown. Further, the decision was made in the absence of any person representing the Attorney General, who is the custodian of legal matters affecting the Constitution,” said Siamisang.
He said the Attorney General was not cited or given an opportunity to make representations.
He said interested parties, such as the political parties should also have been cited. The effect of the order is to afford rights to one party only.
“Unfortunately, as the various litigation is still ongoing and the interdict remains in place, the IEC has had to take unfortunate decision of postponing registration indefinitely. This is a matter of grave concern to the IEC. The longer this matter continues, result is that; the voter confidence in the IEC and the election process is dampened and voter apathy will set in,” said Siamisang.
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