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Problem with our Elections: The President picks election dates

On 13 November 2009, The Philadelphia Inquirer carried a headline that read ‘Palestinian vote is postponed’. The paper quoted an Associated Press report that the Palestinian Election Commission (PLC) ruled that the scheduled 24th January 2010 elections should be postponed because of opposition from Hamas, which controls the Gaza Strip part of Palestine.

On 15 November 2009, the Christian Science Monitor carried an interview with a Canadian elections and political expert who stated that the PLC had always maintained neutrality and an arm’s length from politics, and that their position was ‘if we can’t have elections everywhere, then we cannot do our job’ if Hamas is not going to participate.

On 21 January 2008,Mmegi, one of Botswana’s independent newspapers, carried a headline that read ‘IEC awaits by-election dates’. In an interview with the newspaper, the Secretary of the IEC was quoted as saying that his office was yet to receive dates for upcoming bi-elections from the Minister of Local Government.

In the same interview, the IEC Secretary also noted that his office was also waiting for the President to announce the dates for bi-elections for two constituencies whose parliamentary seats were recently left vacant by the resignations of parliamentarians.

These are very contrasting reactions concerning the date of elections from two EMBs from two different jurisdictions: the first from Botswana, a country often referred to as an exemplar of democracy in Africa, and the second from occupied Palestine.

Whilst Botswana’s EMB has to wait to hear from the Executive before it can make preparations for a pending election, the Palestinian’s EMB, of its own volition, decides to postpone the elections in order to accommodate the opposition!

In Botswana, the choice of date for the Election Day is one of the contentious issues that confronts Botswana’s electoral management system. This problem arises from Botswana’s amended Electoral Act.

According to Section 34 of the Act, for the purpose of general elections to the National Assembly, or a bi-election, it is the President who shall issue a Writ of Elections addressed to the returning officer of each constituency, fixing the place, day, and hours between which the returning officer will receive nominations of candidates, and the day for taking any poll which may become necessary.

In the case of the elections of representatives to local government, the Act states that it is the Minister of Local Government who shall issue an Election Instrument fixing the place, day, and hours between which the returning officer will receive nominations of candidates and the day for taking any poll which may become necessary. It is contended here that if the IEC is to fulfil its mandate to ensure free and fair elections, then it should be the IEC, and not the State President or a minister, who should issue writ of elections.

According to Tshosa (2007) this is another instance of the unfairness, rather than the unfreeness, of the elections process in Botswana. As Tshosa posits, the issue at stake concerns the fairness of the election rather than the freeness of election because the freeness of elections in Botswana has never really been a problem: every eligible voter can freely participate in the elections, provided he/she has registered as a voter. The Electoral Act, as it currently stands, clearly advantages the ruling party by giving the prerogative to issue elections writ to interested parties.

This can be demonstrated by examining, for example, a bi-election in 2013. The facts of the matter are as follows: following a dispute between the ruling party candidates about the outcome of the primary elections, one candidate went to the High Court to seek an injunction to stop the other candidate from being registered as the ruling party candidate. The High Court agreed with the applicant and issued a Court order barring the other candidate from registering as a candidate.

Pursuant to the Court Order, the Returning Officer refused the nomination of the ruling party candidate. The ruling party again returned to the High Court to contest the IEC refusal to accept the registration of its candidate, but lost with costs.

When the IEC announced that it would go ahead with the elections, even without the ruling party candidate, the ruling party Electoral Board Chairman was quoted as saying that his party still had hopes of contesting the bi-election because President Khama has the powers to withdraw the bi-election writ and issue a new one. In an urgent application to the Court of Appeal, the ruling BDP asked the Court to review and set aside the IEC’s decision to refuse to accept the nomination papers of its candidate.

Then, on 22 November 2013, a petition signed by about 1600 people from the constituency was handed to the District Commissioner, calling for the nullification of the existing writ and for a fresh writ for the bi-election to allow the ruling party to participate.

A day before the bi-elections, the President invoked section 46 of the Electoral Act, and postponed the bi-election from 23 November 2013 to 25 January 2014, on the basis that it was in the public interest to do so. The relevant section states that if the President is satisfied that it is in the public interest, he may by proclamation adjourn the poll to some other day.

On 11 December 2013 the Court of Appeal dismissed the BDP case with costs, meaning that the election would go ahead without the BDP candidate. When the bye-election eventually took place on the 25 January 2014, it was won by the opposition.

Botswana Congress Party candidate, much to the chagrin of the ruling BDP. What is interesting is that, throughout this saga, the IEC was completely marginalised. But a forensic report by a South African-based Forensic Document Consultant exposed the petition as fraudulent as some ruling BDP political activists had forged signatures of ‘petitioners’, hoping that the postponement would somehow assist the party to field a candidate.

Conclusion

The foregoing analysis of Botswana’s post-independence elections history is a departure from the traditional focus on the freeness of elections that has, over the years, been given considerable attention by several commentators and observers.

The analysis seeks to draw attention to factors critical to the fairness of elections. It is argued that, whilst elections have always been free to the extent that every eligible voter could vote, Botswana’s EMB is powerless to level the electoral playing field to ensure that elections are also fair.

The legal and political framework within which Botswana’s EMB operates is such that it would not have the ability or leverage to create a level playing field by ensuring that elections are also fair.

The most critical issues offairness raised in the analysis include the following: (1) Botswana’s EMB reliance on public officers who are bound by the Public Service Act to be loyal to the government of the day, (2) lack of equal access to public media and the abuse of public officers working for the state/public media as propagandists for the ruling party and (3) the choice of election date which is the prerogative of the President or his minister and therefore advantages the ruling party.

With regard to access to public media, which dominates the country’s media landscape, it has been pointed out that the state/public media are located in the Office of the President, and are part of the Executive arm of government.

Because of this arrangement, the ruling party is given extensive coverage, and the state/public media effectively ‘merchandises’ the ruling party, whilst the EMB remains impotent and unable to ensure equitable access of all political parties to these state resources.

The growing consensus is that the fairness of an election will require, inter alia, equal opportunity for all political parties (not just the ruling party) to publicly owned resources, including the media, to effectively sell or merchandise their products in the form of party manifestoes.

With regard to the elections dates, it has been pointed out that the election dates for both the general elections and bye-elections of members of parliament and local government are not set by the EMB, but by the Executive, who would obviously have a vested interest in the outcome of such elections.

The choice of the election date by the Executive gives the ruling party undue advantage, as this amount to using inside information. It can be argued that in establishing the EMB Botswana has not really made a clean break with the past.

The transition from government supervised elections to an independent electoral management model has not been fully completed. In this regard it can be argued that elections in Botswana will probably continue to be free, as has been the case for the last 11 general elections, but the elections will not necessarily be fair.

Simply put, the Botswana EMB can only ensure that elections in Botswana are conducted efficiently, properly and freely, but cannot deliver on the fourth component of its mandate, namely, that elections are also conducted fairly.

In this regard it is important to observe that neither the Botswana Constitution nor the Electoral Act expressly guarantees the independence of the IEC, something that is regarded by many as an unfortunate oversight, but which, on the basis of the foregoing assessment, may very well have been by design.


Article extracted from Monageng Mogalakwe (2015) An assessment of Botswana's electoral management body to deliver fair elections, Journal of Contemporary African Studies, 33:1,105-120, DOI: 10.1080/02589001.2015.1021210

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Motamma Horatius on politics and motherhood

13th January 2021
motamma

While it takes a lot to penetrate and thrive in the male dominated political space in Botswana, Block 3 Ward councillor Motamma Horatius, is one of the few females defying the odds.

Driven by passion, Horatius has always worn many hats and today she has become one of the few women who are thriving in the political space in Botswana. Prior to pursuing politics, she was an active participated in the creative space.

Horatius, a beauty queen, notably famous for her reign as Miss World Tourism Botswana represented Botswana in a television show famously known as Big Brother Africa. During her stay in the house, she got termed darling of the continent for an outstanding performance that promoted unity, humility and culture.

After serving for some time in public space, and making a name for herself as well as serving as a brand ambassador she decided to step in a career that will forever challenge her. This was after she had travelled the world and demonstrated her unique leadership skills and brilliance.

“I stopped and asked myself why am I not incorporating this brilliance back home. And wherever you go worldwide Botswana with all her faults is a beacon of hope in everything. And even successful countries came here to benchmark and implemented our policies and are flourishing such as Rwanda. So I decided to join active politics and go straight to the ruling party to add a youthful feel to an already existing force and help modernise it to serve better not from afar but from within,” she clarified.

“So my ample experience in civic leadership across countries around the world catapulted me to join active politics because I wondered, if I can do as much as an individual even across nations, how much can I do whilst in office, locally. And I chose to start from the ground up, in order to avoid leaving the locals behind.”

The stern and tenacious young leader, currently sit as the Chairperson of Finance Committee at Gaborone City Council, and also chairs Performance Monitoring Committee.

While a typical girl would dream of becoming either a nurse or choose a ‘girl’ orientated deemed career, she had a heart for politics from a very young age.  By the time she left the creative space, she had already made a name for herself, that she needed no introduction.

“I had to acknowledge first that I am a woman, and being a woman means you have to work 200 percent more than your male counterparts. So it took sleeplessness nights, and a massive amount of working smart to win legitimately,” she said.

She acknowledges that she faced a lot of challenges during the 2019 elections which she had to overcome through the assistance of her loved ones and family.

“Politics is expensive but I managed by God’s grace, family, friends, acquaintances and good Samaritans but my mind helped. I am a very good planner when it comes to execution,” she said.

“Another hurdle is, being a young woman, I had conceived during the time of primary elections; so campaigning whilst expectant, managing your emotions through betrayals, insults, stress, house-to-house then giving birth and having to hit the ground in less than two weeks having given birth via C-section, was a hurdle I overcame by God’s mercy and I am thankful to my family for helping me with the kids because politics means a lot of time away from home.”

“Another hurdle was to portray an all rounded culturally grounded Motswana woman soft but yet stern, respectful but can articulate issues well. Because even though we are civilized our society still upholds unwritten yet practiced values of what a woman is and what a man is, and if you defy societal expectations, it judges you harshly. But thankfully I remained focused on who I was and didn’t try alternate anything When I lost some of the original members of my campaign team. The pain was deep. But I wiped my tears. Soldiered on, and God increased twice the initial number.”

At some point she had to face demeaning words from other male contestants, but the best to do at the time was to shun negativity and stay focused. Male intimidation never tugged her down.

“My experience with 2019 elections was rather inclined to learning as it was my first time running for office as a politician, so I wanted to see if really hard work has results because I always hear stories of how people are bought,” she said.

“So since I was not buying anyone, I was on a learning curve to test my hard work style of delivery against what is believed out there. So it was exciting and again I say it was a learning curve as most NGOs fighting to increase women participation in politics were continuously training us.’

Despite everything she feels women political participation in Botswana is still low. She has pleaded with the media to cover them more often as she believes maybe it will help more women to run for office.

Botswana has few women in parliament, giving men dominance in policy decisions. In a 63-seat parliament, Botswana has only seven female MPs, four of them being specially elected lawmakers.

According to the 2019 edition of the biennial Inter-Parliamentary Union (IPU) Map of Women in Politics. Among the top African countries with a high percentage of women in ministerial positions are Rwanda (51.9%), South Africa (48.6%), Ethiopia (47.6%), Seychelles (45.5%), Uganda (36.7%) and Mali (34.4%).

The lowest percentage in Africa was in Morocco (5.6%), which has only one female minister in a cabinet of 18.

Other countries with fewer than 10% women ministers include Nigeria (8%), Mauritius (8.7%) and Sudan (9.5%).Other African countries with high percentages of women MPs include Namibia (46.2%), South Africa (42.7%) and Senegal (41.8%), according to the report.

Though a slight increase, Botswana is still lagging behind when it comes to women political participation.

According to a report made by IEC for the 2019 elections, there is 11.1% women representation in parliament. There has been a 1.6% slight increase from the 2019 election compared to the 2014 elections.

According to United Nations, there are two main obstacles that prevent women from participating fully in political life.

These are structural barriers, whereby discriminatory laws and institutions still limit women’s ability to run for office, and capacity gaps, which occur when women are less likely than men to have the education, contacts and resources needed to become effective leaders.

As it stands though, Botswana has continued to recognize gender equality as central to socio-economic, political and cultural development through its National Vision 2036.

Following the adoption of the National Policy on Gender and Development in 2015, the National Gender Commission was established in September 2016, to monitor implementation of the policy.

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Gov’t imposes austerity as financial year closes

11th January 2021
President Masisi

Government ministries and departments have moved to cut expenditure in the last quarter of financial year in order to survive the economic hardship occasioned by the covid-19 pandemic. Since the outbreak, Government and the private sector have been hard hit financially due to limited economic activity brought about by government response to fighting the pandemic.

In an urgent savingram by the Permanent Secretary in the Ministry of Local Government and Rural Development, Molefi Keaja addressed to all council secretaries and town clerks, the government informs that it is facing unprecedented budgetary challenges for Financial Year 2020/2021.

“This has necessitated measures to be put in place to conserve cash and ensure that government is able to honour its financial obligations in the remaining (3) months of the financial year,” said the savingram dated 24 December 2020.

The Government has cut all travel by Ministries, Departments and Agencies (MDAs) including State owned entities (SOEs) and Local Authorities until the next financial year in April 2021.
It has also taken a decision that all meetings, interviews, seminars, workshops, conferences, retreats, annual ceremonies and hospitality events should be conducted virtually, which save on the cost of securing venues, conference facilities and meals/refreshments.

“No replenishment of refreshments for the Executive Cadre (E2 salary scale and above) until the end of the financial year,” Keaja directed. Last year government also resolved that due to the financial effects of Covid-19 the government will no longer recruit for any jobs during the 2020/2021 financial year.

The Cabinet directed that the 2020/2021 provision for vacancies be withdrawn from Ministries, Departments and Agencies recurrent budgets to cater for supplementary estimates. According to the saving gram then by the Directorate on Public Service Management (DPSM) said the country faces fiscal challenges which have been accentuated by the emergence and the spread of the COVID-19 pandemic.

Amongst key ministries and departments affected were the Botswana Defence Force, National Strategy Office, Directorate of Intelligence and Security (DIS), Commissioner of Police, Commissioner of Prisons, Clerk of National Assembly and the Directorate on Corruption & Economic Crime (DCEC).

It further deliberated that all various institutions that had begun recruitment for existing vacant positions be frozen for the remaining period of the 2020/2021 financial year. “Since funds for the vacancies will only be recruited in the next financial year 2020/20121, Ministries, Department and Agencies are advised to discontinue recruitment into such vacancies until 1st April 2021. Those who are already at an advanced stage of recruitment process are advised to withhold appointments until further notice.”

The Director of Directorate on Public Service Management (DPSM), Goitseone Mosalakatane, told the parliamentary Public Accounts Committee (PAC) in September that despite the high unemployment rate, they cannot hire for the posts because part of the funds have been withdrawn to fight the Coronavirus.

With just a few days into the New Year, Covid-19 seems to be taking its toll and its effects will be felt vastly in the long run. Countries worldwide, including Botswana are injecting in millions of money in the fight against the deadly virus therefore placing immense uncertainty on country’s economy.

When delivering his speech at last year’s State of Nation Address President Mokgweetsi Masisi said during 2020, the domestic economy was expected to contract by 8.9 percent indicating that this is attributed to an expected sharp decline in major sectors such as mining, (minus 24.5 percent); trade, hotels and restaurants (minus 27.4 percent); construction (minus 6 percent); manufacturing (minus 3.9 percent); and transport and communications (minus 2.5 percent).

However, he assured that the economy is expected to rebound during 2021, with overall growth projected at 7.7 percent. The anticipated recovery will be driven by a rebound in growth of some major sectors such as mining (14.4 percent), trade, hotels and restaurants (18.8 percent), and transport and communications (4.2 percent).

Furthermore, Masisi pointed out that the recovery will also be supported by the Economic Recovery and Transformation Plan currently being implemented by Government. “It is critical to note that these projections are dependent on, among others, the duration of the COVID-19 pandemic and related restrictions.

These containment measures have the effect of reducing spending by firms and households and causing supply-chain disruptions. Beyond this, the recovery phase will be influenced by confidence effects on households and businesses; sectoral transformation and changes in work patterns; as well as prospects for the recovery of global financial markets and commodity prices.”

Emphasising this, he explained that despite the challenges of COVID-19 there still remains the delicate balance of opening the economy whilst containing the disease burden. “Inflation according to the latest data from Statistics Botswana, inflation fell significantly from 2.2 percent in September 2019 to 1.8 percent in September 2020, remaining below the lower bound of the Bank of Botswana’s medium-term objective range of 3 to 6 percent,” he said.

The significant decline in inflation mainly reflects the downward adjustment in fuel prices in June 2020. However, inflation may rise above the current forecasts if the international commodity prices increase beyond current projections and in the event of upward price pressures occasioned by supply constraints due to travel restrictions and lockdowns.

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BDP readies for Congress

11th January 2021
BDP congress

The Botswana Democratic Party (BDP) last year had to cancel its elective congress due to the strict measures that had to be put in place due to Covid-19 pandemic outbreak.

Two other party events Women’s Wing Congress including the much anticipated victorious election celebration were also postponed due to the pandemic as gatherings were cancelled indefinitely.
However the BDP is adamant that the party will be able to hold its National Congress and all other events that had been frozen this year.

Speaking to this publication chairman of BDP Communication & International Relations Sub-Committee Kagelelo Kentse said that the party was readying itself for the congress with the main objective being to review resolutions that were taken at their 38th National Congress in Mochudi in 2019. Emphasising this, Kentse said it was commendable that most of the resolutions taken in 2019 have by far been fulfilled.

Moreover, he said it would mean a lot for the party to be able to meet at the congress, this he said would give them the opportunity to introspect and reflect with regards to their manifesto. In 2019 the BDP made about eleven resolutions of which five of these were resolved and gazetted. The abridged resolutions were that the amendment of the law to allow agricultural land owners to use up to 50 percent of their land for non-core purposes, to amend the law to cancel transfer duty on property transferred between the spouses.

President Masisi also passed a law to allow married couples to be independently allocated land and increase threshold for non-payment of transfer on property acquired from P250k to P750k. On the resolution in the tourism sector, Kentse said efforts are very advanced to have local play a part. He said there is ongoing work with the Ministry of Lands on concessions that will be allocated to citizens.

According to the BDP communications chair the Ministry of Tourism has availed more opportunities in dams for tourism thus far, having already issued expression of interest for Letsibogo, Dikgatlhong, and Gaborone dams. Citizens are said to have applied for tenders which are currently under evaluation. There are about 45 campsites set aside for citizens in game reserves and forest reserves for tourism.

The resolution on the declaration of assets and liabilities law which was passed and amended this year, was supported by all legislators including those from opposition. Emphasising this he explained that contentions were on issues to do with valuations, and leaders have started declaring.

With the Congress comprising of the elective congress, the BDP is yet to embark on it an objective Kentse said is on their to do list this year even though the calendar of events has not yet been made.
The elective congress has aroused interest, especially the Secretary General position which has attracted a number of participants of which observers believe will accord the incumbent, Mpho Balopi, the current secretary general, the opportunity to buy time if at all he will seek re-election in the position.

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