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Cancellation of supplementary registration & transfers would be unconstitutional

Ndulamo Anthony Morima
EAGLE WATCH

Recently, His Honour (HH) the Vice President, Mokgweetsi Masisi, was quoted in the Weekend Post edition of 9th January 2016 as saying that in an effort to combat voter trafficking government will soon be tabling a Bill before Parliament whose object will be to amend the Electoral Act and provide for one date for registration for elections and the cancellation of supplementary registration and transfers.

In anticipation of the impending amendment we have a duty to consider the constitutionality or legality of such amendment beforehand, hence this article. Before such consideration, however, we need to state the legislative sections under consideration which we now discuss in turn.

First, cancellation of supplementary registration. Section 8(1) of the Electoral Act, CAP. 02:09 (hereinafter referred to as the Act) provides that “registration of voters otherwise than during a general registration period shall be carried out at the office of the Principal Registration Officer for each constituency, and at such other places as the Secretary may from time to time appoint for such purpose.”

Section 8(2) of the Act provides that “notwithstanding the provisions of subsection (1), a Principal Registration Officer or his authorized representative may, during any official visit to any part of his constituency, register voters in that part of the constituency”.

In considering whether or not it will be appropriate to cancel supplementary registration we first need to understand the reason it was included in the Act. It is my view that in an effort to give effect to the constitutional right to vote, the Legislature included supplementary registration to allow citizens to register to vote in case they missed such opportunity during a general registration period.

The question is: will the cancellation of supplementary registration be proportionate to the alleged mischief (i.e. alleged voter trafficking) that government will be trying to remedy? In my view, there will be no proportionality since the cancellation of supplementary registration infringes on one of the most important human rights, the right to vote. Therefore, the punishment of limiting the right to vote for the infraction of voter trafficking is like killing a mosquito with a sledge hammer.

The other question is: are there no other less harmful measures government can invoke to remedy the alleged mischief than cancellation of supplementary registration? Clearly there are other measures. For instance, since voter trafficking is an infraction of the law such culprits can be taken to the courts and punished accordingly if found guilty.

After all, citizens violate various laws every day, but government does not respond by cancelling the law to the detriment of all citizens. It responds by prosecuting those who violate the law and punishing them accordingly. In most cases, the punishment meets such objects of punishment as deterrence and the convict together with other citizens are deterred from future violations.

Second, transfer of registration. Section 25(1) of the Act provides that “any person who is registered as a voter in respect of any polling station … and has become entitled to registration in respect of any other polling station … may make application for the transfer of his registration in the manner provided by this section provided that, during a general registration period, this section shall have effect only where the existing polling station is in a designated polling district.”

Before government cancels transfer of registration it ought to consider the reason such provision was included in the Act. The question is: is there a relational purpose between the provision for transfer of registration and the promotion of the constitutional right to vote? Before we answer this question we need to understand why a registered voter may want to transfer his or her registration.

After registration in respect of a particular polling station, a voter may realize that due to such occurrences as job transfers, change of residential districts following marriage, etc it will be convenient for him or her to vote at the polling station where he or she will be resident during elections. Should such a person be denied the right to transfer his or her registration? Will that not be tantamount to denial or limitation of the right to vote?

My view is that if such a person ends up not voting because of denial of transfer of registration his or her right to vote will have been violated. The question is: do allegations of voter trafficking warrant cancelation of transfer of registration? The answer should be in the negative because rather than denying all citizens the right to vote those suspected of voter trafficking should be prosecuted and punished if found guilty.     

There is no doubt that all Batswana want free and fair elections. If voter trafficking, among other electoral violations, taints the credibility of our elections, government is entitled to come up with measures to restore our elections’ credibility in defence of our democracy. But such measures should not be drastic and disproportionate.

Government has a duty to convince Batswana that it invoked less harmful measures before resorting to the extreme. If supplementary registration and transfer of registration indeed promote voter trafficking as alleged by HH Masisi government should convince Batswana that before legislating for their cancellation it implemented sufficient administrative checks but to no avail.

Unfortunately, HH Masisi has not informed Batswana of the less harmful measures government invoked before resorting to the impending cancellation of supplementary registration and transfer of registration. Yet, this is a matter of such constitutional importance that it in fact requires a national referendum before being tabled in Parliament.

We live in an era where Members of Parliament (MPs) vote on the basis of party caucus resolutions and not on the basis of the electorate’s will. It is in that regard that if government presents this matter to Parliament without having sought Batswana’s views through a referendum the Botswana Democratic Party (BDP)’s caucus resolution will prevail to Batswana’s detriment.

Batswana, Civil Society Organizations, the media and trade unions, therefore, have to, as early as now, start lobbying MPs to reject the impending Bill. In the likely event that government disregards such opposition to the Bill and presents it to Parliament and the BDP dominated Parliament passes it nonetheless, legal recourse should be sought. There are several private attorneys who can assist, even pro bono, for such litigation for it will be in defence of our democracy.

The Opposition too should start marshalling Batswana and various stakeholders against the impending Bill as early as now. Waiting until the Bill is tabled and walking out of Parliament will not help since the BDP will relish such an opportunity and vote unanimously for the Bill as it did with the Directorate of Intelligence and Security Services Bill.

There is nothing wrong for the BDP and HH Masisi to do all they can to win the 2019 general elections, but doing that by unduly limiting Batswana’s right to vote is unacceptable. HH Masisi can lead the BDP to electoral victory and assure himself of the state presidency without tempering with the sanctity of our Electoral Act.

The BDP’s poor performance during the 2014 general elections was not because of voter trafficking, but because the BDP had forsaken the voter and the Umbrella for Democratic Change (UDC) convinced many Batswana that it is the alternative. Therefore, instead of tempering with our laws the BDP should retrace its steps and identify where it lost the way.

Amending electoral laws to suit ruling parties and presidents or aspiring presidents has led to too much bloodshed in the world, especially in Africa. Surely, Botswana does not want to go that route for it is a route of no return.

Botswana is a beacon of democracy and many countries admire its electoral laws as they are save for such provisions as indirect presidential elections, automatic presidential succession, lack of political party funding, etc. It is these laws that HH Masisi and the BDP should be planning to address. These are the issues that render our elections unfair though free.

In the many years that international observers have observed our elections they have held them as free and fair despite the supplementary registration and transfer of registration provisions. The BDP itself has hailed the electoral laws when it was performing well. It is surprising why after performing badly in 2014 the BDP suddenly wants to amend the Electoral Act.         

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GONE FISHING

28th March 2023

In recent years, using personal devices in working environments has become so commonplace it now has its own acronym, BOYD (Bring Your Own Device).  But as employees skip between corporate tools and personal applications on their own devices, their actions introduce a number of possible risks that should be managed and mitigated with careful consideration.  Consider these examples:

Si-lwli, a small family-run business in Wales, is arguably as niche a company as you could find, producing talking toys used to promote the Welsh language. Their potential market is small, with only some 300,000 Welsh language speakers in the world and in reality the business is really more of a hobby for the husband-and-wife team, who both still have day jobs.  Yet, despite still managing to be successful in terms of sales, the business is now fighting for survival after recently falling prey to cybercriminals. Emails between Si-Iwli and their Chinese suppliers were intercepted by hackers who altered the banking details in the correspondence, causing Si-Iwli to hand over £18,000 (around P ¼ m) to the thieves. That might not sound much to a large enterprise, but to a small or medium business it can be devastating.

Another recent SMB hacking story which appeared in the Wall Street Journal concerned Innovative Higher Ed Consulting (IHED) Inc, a small New York start-up with a handful of employees. IHED didn’t even have a website, but fraudsters were able to run stolen credit card numbers through the company’s payment system and reverse the charges to the tune of $27,000, around the same loss faced by Si-Iwli.  As the WSJ put it, the hackers completely destroyed the company, forcing its owners to fold.

And in May 2019, the city of Baltimore’s computer system was hit by a ransomware attack, with hackers using a variant called RobinHood. The hack, which has lasted more than a month, paralysed the computer system for city employees, with the hackers demanding a payment in Bitcoin to give access back to the city.

Of course, hackers target governments or business giants  but small and medium businesses are certainly not immune. In fact, 67% of SMBs reported that they had experienced a cyber attack across a period of 12 months, according to a 2018 survey carried out by security research firm Ponemon Institute. Additionally, Verizon issued a report in May 2019 that small businesses accounted for 43% of its reported data breaches.  Once seen as less vulnerable than PCs, smartphone attacks are on the rise, with movements like the Dark Caracal spyware campaign underlining the allure of mobile devices to hackers. Last year, the US Federal Trade Commission released a statement calling for greater education on mobile security, coming at a time when around 42% of all Android devices are believed to not carry the latest security updates.

This is an era when employees increasingly use their smartphones for work-related purposes so is your business doing enough to protect against data breaches on their employees’ phones? The SME Cyber Crime Survey 2018 carried out for risk management specialists AON showed that more than 80% of small businesses did not view this as a threat yet if as shown, 67% of SMBs were said to have been victims of hacking, either the stats are wrong or business owners are underestimating their vulnerability.  A 2019 report by PricewaterhouseCoopers suggests the latter, stating that the majority of global businesses are unprepared for cyber attacks.

Consider that a workstation no longer means a desk in an office: It can be a phone in the back of a taxi or Uber; a laptop in a coffee shop, or a tablet in an airport lounge.  Wherever the device is used, employees can potentially install applications that could be harmful to your business, even from something as seemingly insignificant as clicking on an accidental download or opening a link on a phishing email.  Out of the physical workplace, your employees’ activities might not have the same protections as they would on a company-monitored PC.

Yet many businesses not only encourage their employees to work remotely, but assume working from coffee shops, bookstores, and airports can boost employees’ productivity.  Unfortunately, many remote hot spots do not provide secure Wi-Fi so if your employee is accessing their work account on unsecured public Wi-Fi,  sensitive business data could be at risk. Furthermore, even if your employee uses a company smartphone or has access to company data through a personal mobile device, there is always a chance data could be in jeopardy with a lost or stolen device, even information as basic as clients’ addresses and phone numbers.

BOYDs are also at risk from malware designed to harm and infect the host system, transmittable to smartphones when downloading malicious third-party apps.  Then there is ransomware, a type of malware used by hackers to specifically take control of a system’s data, blocking access or threatening to release sensitive information unless a ransom is paid such as the one which affected Baltimore.  Ransomware attacks are on the increase,  predicted to occur every 14 seconds, potentially costing billions of dollars per year.

Lastly there is phishing – the cyber equivalent of the metaphorical fishing exercise –  whereby  cybercriminals attempt to obtain sensitive data –usernames, passwords, credit card details –usually through a phoney email designed to look legitimate which directs the user to a fraudulent website or requests the data be emailed back directly. Most of us like to think we could recognize a phishing email when we see it, but these emails have become more sophisticated and can come through other forms of communication such as messaging apps.

Bottom line is to be aware of the potential problems with BOYDs and if in doubt,  consult your IT security consultants.  You can’t put the own-device genie back in the bottle but you can make data protection one of your three wishes!

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“I Propose to Diana Tonight”

28th March 2023

About five days before Princess Diana and Dodi Al Fayed landed in Paris, General Atiku, a certain Edward Williams was taking a walk in a woods in the Welsh town of Mountain Ash. Williams, then 73, was a psychic of some renown. He had in the past foretold assassination attempts on US President Ronald Reagan, which occurred on March 30, 1981, and Pope John Paul II, which came to pass on May 13, 1981.

As he trudged the woods, Williams  had a sudden premonition that pointed to Diana’s imminent fate as per Christopher Andersen’s book The Day Diana Died. “When the vision struck me, it was as if everything around me was obscured and replaced by shadowy figures,” Williams was later to reminisce. “In the middle was the face of Princess Diana. Her expression was sad and full of pathos. She was wearing what looked like a floral dress with a short dark cardigan. But it was vague. I went cold with fear and knew it was a sign that she was in danger.”

Williams hastily beat a retreat to his home, which he shared with his wife Mary, and related to her his presentiment, trembling like an aspen leaf as he did so. “I have never seen him so upset,” Mary recounted. “He felt he was given a sign and when he came back from his walk he was deeply shaken.”

The following day, Williams frantically sauntered into a police station to inform the police of his premonition. The officer who attended to him would have dismissed him as no more than a crackpot but he treated him seriously in view of the accuracy of his past predictions. He  took a statement and immediately passed it on to the Special Branch Investigative  Unit.

The report read as follows:

“On 27 August, at 14:12 hrs, a man by the name of Edward Williams came to Mountain Ash police station. He said he was a psychic and predicted that Princess Diana was going to die. In previous years, he has predicted that the Pope and Ronald Reagan were going to be the victims of assassination attempts. On both occasions he was proved to be correct. Mr Williams appeared to be quite normal.”

Williams, General, was spot-on as usual: four days later, the princess was no more.

Meanwhile, General,  even as Dodi and Diana were making their way to the Fayed-owned Ritz Hotel in central Paris, British newspapers were awash with headlines that suggested Diana was kind of deranged. Writes Andrew Morton in Diana in Pursuit of Love: “In The Independent Diana was described as ‘a woman with fundamentally nothing to say about anything’. She was ‘suffering from a form of arrested development’. ‘Isn’t it time she started using her head?’ asked The Mail on Sunday. The Sunday Mirror printed a special supplement entitled ‘A Story of Love’; The News of the World claimed that William had demanded that Diana should split from Dodi: ‘William can’t help it, he just doesn’t like the man.’ William was reportedly ‘horrified’ and ‘doesn’t think Mr Fayed is good for his mother’ – or was that just the press projecting their own prejudices? The upmarket Sunday Times newspaper, which had first serialised my biography of the princess, now put her in the psychiatrist’s chair for daring to be wooed by a Muslim. The pop-psychologist Oliver James put Diana ‘On the Couch’, asking why she was so ‘depressed’ and desperate for love. Other tabloids piled in with dire prognostications – about Prince Philip’s hostility to the relationship, Diana’s prospect of exile, and the social ostracism she would face if she married Dodi.”

DIANA AND DODI AT THE RITZ

Before Diana and Dodi departed the Villa Windsor sometime after 16 hrs, General, one of Dodi’s bodyguards Trevor Rees-Jones furtively asked Diana as to what the programme for the evening was. This Trevor did out of sheer desperation as Dodi had ceased and desisted from telling members of his security detail, let alone anyone else for that matter, what his onward destination was for fear that that piece of information would be passed on to the paparazzi. Diana kindly obliged Trevor though her response was terse and scarcely revealing. “Well, eventually we will be going out to a restaurant”, that was all Diana said. Without advance knowledge of exactly what restaurant that was, Trevor and his colleagues’ hands were tied: they could not do a recce on it as was standard practice for the security team of a VIP principal.  Dodi certainly, General, was being recklessly by throwing such caution to the winds.

At about 16:30, Diana and Dodi drew up at the Ritz Hotel, where they were received by acting hotel manager Claude Roulet.  The front entrance of the hotel was already crawling with paparazzi, as a result of which the couple took the precaution of using the rear entrance, where hopefully they would make their entry unperturbed and unmolested. The first thing they did when they were ensconced in the now $10,000 a night Imperial Suite was to spend some time on their mobiles and set about touching base with friends, relations, and associates.  Diana called at least two people, her clairvoyant friend Rita Rogers and her favourite journalist Richard Kay of The Daily Mail.

Rita, General,  was alarmed that Diana had proceeded to venture to Paris notwithstanding the warning she had given Dodi and herself in relation to what she had seen of him  in the crystal ball when the couple had consulted her. When quizzed as to what the hell she indeed was doing in Paris at that juncture, Diana replied that she and Dodi had simply come to do some shopping, which though partially true was not the material reason they were there. “But Diana, remember what I told Dodi,” Rita said somewhat reprovingly. Diana a bit apprehensively replied, “Yes I remember. I will be careful. I promise.” Well,  she did not live up to her promise as we shall soon unpack General.

As for Richard Kay, Diana made known to him that, “I have decided I am going to radically change my life. I am going to complete my obligations to charities and to the anti-personnel land mines cause, but in November I want to completely withdraw from formal public life.”

Once she was done with her round of calls, Diana went down to the hair saloon by the hotel swimming pool to have her hair washed and blow-dried ahead of the scheduled evening dinner.

THE “TELL ME YES” RING IS DELIVERED

Since the main object of their Paris trip was to pick up the “Tell Me Yes” engagement ring  Dodi had ordered in Monte Carlo a week earlier, Dodi decided to check on Repossi Jewellery, which was right within the Ritz prencincts, known as the Place Vendome.  It could have taken less than a minute for Dodi to get to the store on foot but he decided to use a car to outsmart the paparazzi invasion. He was driven there by Trevor Rees-Jones, with Alexander Kez Wingfield and Claude Roulet following on foot, though he entered the shop alone.

The Repossi store had closed for the holiday season but Alberto Repossi, accompanied by his wife and brother-in-law,  had decided to travel all the way from his home in Monaco  and momentarily open it for the sake of the potentially highly lucrative  Dodi transaction.  Alberto, however, disappointed Dodi as the ring he had chosen was not the one  he produced. The one he showed Dodi was pricier and perhaps more exquisite but Dodi  was adamant that he wanted the exact one he had ordered as that was what Diana herself had picked. It was a ploy  on the part of Repossi to make a real killing on the sale, his excuse to that effect being that Diana deserved a ring tha was well worthy of her social pedigree.  With Dodi having expressed disaffection, Repossi rendered his apologies and assured Dodi he would make the right ring available shortly, whereupon Dodi repaired back to the hotel to await its delivery. But Dodi  did insist nonetheless that the pricier ring be delivered too in case it appealed to Diana anyway.

Repossi delivered the two rings an hour later. They were collected by Roulet. On inspecting them, Dodi chose the very one he had seen in Monte Carlo, apparently at the insistence of Diana.  There is a possibility that Diana, who was very much aware of her public image and was not comfortable with ostentatious displays of wealth, may have deliberately shown an interest in a less expensive engagement ring. It  may have been a purely romantic as opposed to a prestigious  choice for her.

The value of the ring, which was found on a wardrobe shelf in Dodi’s apartment after the crash,  has been estimated to be between $20,000 and $250,000 as Repossi has always refused to be drawn into revealing how much Dodi paid for it. The sum, which enjoyed a 25 percent discount, was in truth paid for not by Dodi himself but by his father as was the usual practice.

Dodi was also shown Repossi’s sketches for a bracelet, a watch, and earrings which he proposed to create if Diana approved of them.

DIANA AND DODI GUSH OVER IMMINENT NUPTIALS

At about 7 pm,  Dodi and Diana left the Ritz and headed for Dodi’s apartment at a place known as the Arc de Trompe. They went there to properly tog themselves out for the scheduled evening dinner. They spent two hours at the luxurious apartment. As usual, the ubiquitous paparazzi were patiently waiting for them there.

As they lingered in the apartment, Dodi beckoned over to his butler Rene Delorm  and showed him  the engagement ring. “Dodi came into my kitchen,” Delorm relates. “He looked into the hallway to check that Diana couldn’t hear and reached into his pocket and pulled out the box … He said, ‘Rene, I’m going to propose to the princess tonight. Make sure that we have champagne on ice when we come back from dinner’.” Rene described the ring as “a spectacular diamond encrusted ring, a massive emerald surrounded by a cluster of diamonds, set on a yellow and white gold band sitting in a small light-grey velvet box”.

Just before 9 pm, Dodi called the brother of his step-father, Hassan Yassen, who also was staying at the Ritz  that night, and told him that he hoped to get married to Diana by the end of the year.

Later that same evening, both Dodi and Diana would talk to Mohamed Al Fayed, Dodi’s dad, and make known to him their pre-nuptial intentions. “They called me and said we’re coming back  (to London) on Sunday (August 31) and on Monday (September 1) they are

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RAMADAN – The Blessed Month of Fasting

28th March 2023

Ramadan is the fasting month for Muslims, where over one billion Muslims throughout the world fast from dawn to sunset, and pray additional prayers at night. It is a time for inner reflection, devotion to Allah, and self-control. It is the ninth month in the Islamic calendar. As you read this Muslims the world over have already begun fasting as the month of Ramadan has commenced (depending on the sighting of the new moon).

‘The month of Ramadan is that in which the Qur’an was revealed as guidance for people, in it are clear signs of guidance and Criterion, therefore whoever of you who witnesses this month, it is obligatory on him to fast it. But whoever is ill or traveling let him fast the same number of other days, God desires ease for you and not hardship, and He desires that you complete the ordained period and glorify God for His guidance to you, that you may be grateful”. Holy Qur’an  (2 : 185)

Fasting during Ramadan is one of the five pillars upon which the structure of Islam is built. The other four are: the declaration of one’s belief in Allah’s oneness and in the message of Muhammad (PBUH); regular attendance to prayer; payment of zakaat (obligatory charity); and the pilgrimage to Mecca.

As explained in an earlier article, fasting includes total abstinence from eating, drinking, smoking, refraining from obscenity, avoiding getting into arguments and including abstaining from marital relations, from sunrise to sunset. While fasting may appear to some as difficult Muslims see it as an opportunity to get closer to their Lord, a chance to develop spiritually and at the same time the act of fasting builds character, discipline and self-restraint.

Just as our cars require servicing at regular intervals, so do Muslims consider Ramadan as a month in which the body and spirit undergoes as it were a ‘full service’. This ‘service’ includes heightened spiritual awareness both the mental and physical aspects and also the body undergoing a process of detoxification and some of the organs get to ‘rest’ through fasting.

Because of the intensive devotional activity fasting, Ramadan has a particularly high importance, derived from its very personal nature as an act of worship but there is nothing to stop anyone from privately violating Allah’s commandment of fasting if one chooses to do so by claiming to be fasting yet eating on the sly. This means that although fasting is obligatory, its observance is purely voluntary. If a person claims to be a Muslim, he is expected to fast in Ramadan.

 

The reward Allah gives for proper fasting is very generous. Prophet Muhammad (PBUH) quotes Allah as saying: “All actions done by a human being are his own except fasting, which belongs to Me and I will reward it accordingly.” We are also told by the Prophet Muhammad (PBUH) that the reward for proper fasting is admittance into heaven.

Fasting earns great reward when it is done in a ‘proper’ manner. This is because every Muslim is required to make his worship perfect. For example perfection of fasting can be achieved through restraint of one’s feelings and emotions. Prophet Muhammad (PBUH) said that when fasting, a person should not allow himself to be drawn into a quarrel or a slanging match. He teaches us: “On a day of fasting, let no one of you indulge in any obscenity, or enter into a slanging match. Should someone abuse or fight him, let him respond by saying: ‘I am fasting!’”

This high standard of self-restraint fits in well with fasting, which is considered as an act of self-discipline. Islam requires us to couple patience with voluntary abstention from indulgence in our physical desires. The purpose of fasting helps man to attain a high degree of sublimity, discipline and self-restraint. In other words, this standard CAN BE achieved by every Muslim who knows the purpose of fasting and strives to fulfill it.

Fasting has another special aspect. It makes all people share in the feelings of hunger and thirst. In normal circumstances, people with decent income may go from one year’s end to another without experiencing the pangs of hunger which a poor person may feel every day of his life. Such an experience helps to draw the rich one’s conscience nearer to needs of the poor. A Muslim is encouraged to be more charitable and learns to give generously for a good cause.

Fasting also has a universal or communal aspect to it. As Muslims throughout the world share in this blessed act of worship, their sense of unity is enhanced by the fact that every Muslim individual joins willingly in the fulfillment of this divine commandment. This is a unity of action and purpose, since they all fast in order to be better human beings. As a person restrains himself from the things he desires most, in the hope that he will earn Allah’s pleasure, self-discipline and sacrifice become part of his nature.

The month of Ramadan can aptly be described as a “season of worship.” Fasting is the main aspect of worship in this month, because people are more attentive to their prayers, read the Qur’an more frequently and also strive to improve on their inner and outer character. Thus, their devotion is more complete and they feel much happier in Ramadan because they feel themselves to be closer to their Creator.

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