Africa-Press – Botswana. A full bench of the Court of Appeal yesterday unanimously agreed with Independent Electoral Commission (IEC) that Umbrella for Democratic Change (UDC) has no right to observe voter registration process.
The court set aside Francistown High Court Justice Gaolapelwe Ketlogetswe’s November 10 interim order, which among others granted UDC permission to observe and monitor election registration process.
The full bench, which comprised Justices; Tebogo Tau, Isaac Lesetedi, Singh Walia, Mercy Garekwe and Goemekgabo Tebogo-Maruping was unanimous in the decision that the lower court erred in granting such relief, hence set it aside and awarded cost to the IEC.
When delivering the judgment, Court of Appeal Judge president, Justice Tau said a plain reading of section 65A (12) (C) of the Constitution did not show the existence of any right to observe and monitor as claimed by the UDC as the section provided for the establishment of the IEC and imposed upon it the responsibility to conduct and supervise elections.
“It imposes obligations on the IEC to conduct elections efficiently, properly, freely and fairly,” she said.
She said the UDC did not contend that the registration process provided for or required observation and monitoring of registration by political parties nor alleged that Electoral Act infringed any of the rights provided for in the constitution or that the commission failed to comply with any of the provisions of the Electoral Act.
Justice Tau said the only basis upon which the UDC claimed the relief it sought was that it enjoyed a right to fair conduct of the entire election processes and that failure to permit it to observe and monitor the registration process at polling stations constituted an infringement of that right in terms of the constitution.
“I do not see any justifiable right being expressly or impliedly conferred on the UDC to observe and monitor the registration of voters nor could it be read into the Electoral Act that such right exists,” she said.
She said the Electoral Act made a detailed provisions for the public ‘s access to voters roll after registration thereto and no similar access was given to the voter registration processes. The judge further said in terms of the voter registration process, monitoring was provided for after voters had registered, but before the voters roll was confirmed and ready to use at the polls hence the legislature intended the monitoring process to be conducted in the manner prescribed and at time or intervals prescribed.
Justice Tau said UDC had contended without any proof that during the registration process, there were likely irregularities, which could not be addressed by statutory mechanisms provided for, adding that there were however no evidence of apprehension of harm.
On prejudice, she said the lower court decision was prejudicial as it permitted one party to observe, monitor and have access to and record voter information without any reference to other parties including potential candidates for elections, having substantial interest in the matter.
She said the order also put in place a registration process, which infringed the rights of voters, who would be compelled to share their personal information directly with a political party without legislative sanction.
However Justice Tau said there was also a possibility that the registration process could be challenged if it was determined in the main application that the UDC had no right to observe and monitor voter registration. “Such a challenge would potentially derail the timeous delivery of the upcoming electoral cycle creating a national crisis,” she said.
She concluded that the IEC had proved that High Court erred in the decision it reached and the bench quashed the decision. Court of Appeal decision emanated from Justice Ketlogetswe order, which the IEC being dissatisfied filed an application of expedited hearing, which was granted.
The IEC had argued among others that the High Court interim order was final in nature, prejudicial to other parties, impractical and prejudicial to effective voter registration processes, an appeal which the apex court granted.
For More News And Analysis About Botswana Follow Africa-Press
