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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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Parricide at Herod’s Court

25th January 2021
SAILI

A wife, uncle, and two in-laws fall at the hands of Judah’s despot

The pre-eminent Jewish chronicler, Flavius Josephus, said of Herod the Great that he was “blessed with every gift of looks, body, and mind” but he was a “slave to his passions”. This was in the context of a gloating bloodlust.

His sword knew no sacred cows: neither his own kids, wives, in-laws, next of kin, nor bosom friends were immune from it. He is on record as pestering Caesar Augustus with a barrage of letters seeking permission to execute his own flesh and blood, prompting the Roman emperor to at one time quip that, “It is better to be Herod’s pig than his son”, which was apt: as a “Jew”, Herod did not eat pork and therefore in the event that he kept any pigs, they would never have to be killed.

You are by now well-apprised of the death of Hyrcanus II by the same Herod, General Atiku, in 30 BC. Hyrcanus, a Hasmonean ruler of Judah twice over, was actually the grandfather of Mariamne I, Herod’s most beloved wife and his second of up to 10 wives. It was Mariamne’s own mother Salome, who dreading Herod’s pathological savagery, pitched Mariamne to Herod in the hope that that would insure her family from Herod’s murderous caprices.

Now, Mariamne, General, was as much a stunning beauty as her younger brother Aristobulus III was breathtakingly good-looking. Having tied the knot with Herod in 37 BC, Mariamne had prevailed over her husband to install Aristobulus as High Priest. The post had fallen vacant on the death of Antigonus in 37 BC and Herod had appointed one Ananel, who had no ties whatsoever to the Hasmoneans, the first such in more than a century, in his place. Unable to resist the spirited entreaties of his beloved wife, who had also lobbied Queen Cleopatra of Egypt and her beau Mark Anthony, Herod gave in and replaced Ananel with Aristobulus, who was only 16 years old, in 36 BC.

Because of his enormous charisma and overall affability, Aristobulus was a hit with the masses despite his tender age and Herod was envious of the young man’s rock star-like popularity. To make doubly sure the young man did not harbour a seditious ace up his sleeve, the morbidly paranoid Herod had his spooks watch on both Aristobulus and his mother round the clock. Sensing imminent danger, Aristobulus contacted Cleopatra, asking for a pre-emptive safe passage to Egypt and there enjoy absolute freedom. When Herod got wind of this, he decided to get rid of Aristobulus as he did not wish him to be a perennial thorn in his flesh from the utter safety of self-imposed exile.

The opportunity came at a banquet in Jericho which was organised by Aristobulus’ mother. There, Herod had one of his henchmen cause Aristobulus to drown during a dusk time horseplay in a swimming pool. Of course Herod would forever maintain the drowning was accidental when everybody knew it was in truth a tactical elimination. Poor Aristobulus was only 17 years old having been born in 56 BC. He was the last Hasmonean High Priest and was replaced by the previously deposed Ananel, who was to remain in that position till 29 BC.

HEROD ACQUITTED OVER THE ARISTOBULUS DEATH

It need not be over-emphasised, General, that Mariamne and her mother Alexandra did not take Herod’s line over the all too untimely demise of Aristobulus lying down. If he had reckoned that with the death of Aristobulus he had gotten rid of potentially the most potent threat to his omnipotence, he was totally mistaken. Herod had actually simply fanned the flames of intrigue against him, for mother and daughter confronted him and accused him of murdering their boy in cold blood.

Nor did the two Iron Ladies end matters there: Alexandra wrote a lachrymal letter to Cleopatra to get her to bring her influence to bear on Mark Anthony so that Herod paid dearly and likewise for his nefarious act. Anthony, who at the time was the Roman colossus in charge of the whole of the Middle East, was persuaded and during a visit to Laodicea (in modern-day Turkey, though some accounts say it was Rhodes in Cyprus), he commanded Herod to report to him forthwith and exculpate himself over the affair.

Although Herod put a brave face on the matter, General, he was rather unsure of his eventual fate after the trial. He also suspected rightly or wrongly that Anthony had a thing for the voluptuously beautiful Mariamne and the last thing Herod wanted was for any other man to bed his beloved Mariamne even in death. So before he set off for Laodicea, Herod instructed his uncle Joseph, who was married to his sister Salome, to make sure that in the event that Anthony sentenced him to death, he should immediately put her to the sword. He also detailed a certain Sohemus, a most trusted aide, to stand sentry over the entire womenfolk at the palace.

Herod, however, had the nine lives of a cat, General. Using his immense rhetorical skills and the time-honoured palm greasing, he won himself an acquittal. Meanwhile, the Judean rumourville was abuzz with chatter that Herod had been summarily executed by Anthony, as a result of which people became spendthrifts of their tongues.

Both Joseph and Sohemus disclosed to Mariamne the instructions Herod had left them with in relation to her fate once he was no more. Mariamne was both livid and distraught that her husband regarded her as so easily expendable when outwardly he cherished her beyond words. To her mind, his arrangements with Joseph had nothing to do with love but sprang from sheer monstrosity. She probably thanked God that he was dead, but the fact of the matter was that he was not and when he at long last turned up, she did not want to have anything to do with him, including the conjugation which he so eagerly pined for after such an extended absence.

HEROD KILLS HIS WIFE AND HIS UNCLE

Now, if Herod had a kind of Svengali, General, it was his youngest sister Salome. Salome (65 BC-10 AD) was the most powerful woman at Herod’s court. A sly, scheming, and manipulating vixen, she arguably more than any other living being had the most sway in a negative sense on her brother, who took practically whatever she said as gospel truth.

Let us nevertheless, General, take stock of the fact that the bulk of what we learn about Salome comes from Flavius Josephus, who himself relied on the writings of Herod’s court historian Nicolaus of Damascus. For one reason or the other, Nicolaus did not see eye to eye with Salome and it is therefore possible that much of what Nicolaus relates of her is embellished to smear her before the court of history.
Upon his return, Herod was told of the rumours of his death and so was surprised to find Mariamne alive when Joseph and Sohemus should in the circumstances have had her killed if indeed they were loyal to him. In fact, Joseph had even put Mariamne and Alexandra into the safe custody of Roman legions stationed in Judea just in case Jewish malcontents who abhorred Herod turned their wrath on them.

But there was more. Salome reported to Herod that Mariamne, who she hated like the plague, had had sexual relations with both Joseph and Sohemus, this being Mariamne’s reward to them for dishing out to her the dirt on Herod, and that she had on several occasions before attempted to poison him. Now, no one would hump Herod’s most beloved wife and get away scotfree. It is therefore small wonder that Herod straightaway ordered the execution of Joseph and Sohemus. Joseph was 61 years old at the time of his death in 34 BC, having been born in 95 BC. In the case of Mariamne herself though, he had her subjected to a formal court trial not on charges of adultery but of attempted regicide.

Herod had hoped that the court would acquit her, whereupon he would make bygones be bygones so great was his love for the woman, but sadly for him, General, she was found guilty and sentenced to death. Even then, Herod tactfully dilly-dallied on signing the writ of execution and simply had his wife detained at a fortress for some time until Salome prevailed over him to execute her at long last. Writes Josephus: “Thus, with the death of the noble and lovely Mariamne ended the glorious history of the Hasmonean High Priest Mattathias and his descendants.”

For a long time to come though, General, Herod was haunted by the death of his wife to the point of even sometimes coming across as if he had lost his mind. “When Herod realised what this meant (the death sentence passed on Mariamne), he tried in vain to have the verdict changed, but Salome did not rest until the death penalty was carried out,” Josephus informs us. “Herod was heartbroken; nothing could comfort him for the loss of his lovely wife.

For seven years he refused to have her body buried, and held it, embalmed, in his palace. Afterwards, he became so melancholy and despondent, nothing interested him or could arouse any enthusiasm in him for living … He was so far conquered by his passion, that he would order his servants to call for Mariamne, as if she were still alive, and could still hear them … He tried hard to forget his trouble by going hunting and banqueting, but nothing helped. Herod built new cities and erected temples and palaces. He also named a tower in honour of Mariamne.”

HEROD SLAYS SISTER’S EX-HUBBY

Mariamne’s death was not the only one which Herod perpetrated through the instrumentality of Salome. There were actually several and included those of her own husband Costobarus. Salome was married four times, to her uncle Joseph (45 BC); Costobarus (34 BC); Sylleus (circa 27 BC); and Alexas (20 BC).

Like the Herod clan, Costobarus was of Idumean stock. It was Costobarus Herod had made governor of Idumea and Gaza and upon Joseph’s death had him tie the knot with Salome, with the couple eventually siring two children, Berenice and Antipater III. Costobarus, though, soon began to harbour monarchical ambitions of his own and wrote to Cleopatra beseeching her to persuade Mark Anthony to make Idumea independent of Herod and install him (Costobarus) as Rome’s client King of the territory.

Of course upon learning of this, Herod was not amused. It was Salome who pleaded with him not to put her husband to the sword. Next time, however, a dumped Costobarus was not so lucky. Seven years after their marriage, Salome and Costobarus parted ways and a possibly hurt Salome decided to exact vengeance. She informed her brother that he had been harbouring two fugitives from Herodian justice for a full 12 years at his own farm.

The two were simply known as the Sons of Baba. Baba ben Babuta, their father and clan patriarch, was related to the Hasmonean ruler Antigonus, who Herod had replaced and killed in 37 BC with the help of Roman legions. Baba and his sons had resisted Herod at the time, with his sons henceforth persisted in insurrectionist activity against Herod. Baba himself had been captured and blinded by Herod but spared anyway as he no longer posed any threat. Writes Josephus: “Now the Sons of Babas were of great dignity, and had power among the multitude, and were faithful to Antigonus, and were always raising calumnies against Herod, and encouraged the people to preserve the government to that royal family (the Hasmoneans) which held it by inheritance.”

Costobarus had provided the Sons of Baba an indefinite lair “supposing that their preservation might be of great advantage to him in the changes of government afterward”. Following the Salome tip, Herod had Costobarus and the Sons of Baba summarily executed “so that none was left alive of the family of Hyrcanus (the Hasmonean), and the kingdom was wholly in Herod’s power, there being no one of high rank to stand in the way of his unlawful acts” per Josephus.

NEXT WEEK: HEROD’S WRATH ON HIS OWN SONS

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WHAT’S UP WITH WHATSAPP?

25th January 2021

In early January, WhatsApp, part of Facebook Inc., began alerting its 2 billion users to an update of its privacy policy which, should they want to keep using the popular messaging app, they have to accept. Much of the policy, which is about commercialising WhatsApp, states ‘WhatsApp receives information from, and shares information with, the other Facebook Companies.

We may use the information we receive from them, and they may use the information we share with them, to help operate and market services’. WhatsApp is now reserving the right to share data it collects about you with the broader Facebook network, which includes Instagram, regardless of whether you have accounts or profiles there, claiming it needs it to help operate and improve its offerings. More broadly, almost all of the $21.5 billion in revenues which Facebook generated in the third quarter of 2020 came from advertising and there is currently none in WhatsApp.

The company now wants to be able to serve more targeted ads to people on Facebook and Instagram by also garnering their usage habits on WhatsApp and enabling businesses take payments via WhatsApp for items that were selected on other Facebook sites. For long-time users, the option to share data with Facebook was made available in 2016, but it was just that: optional and temporary. It was now to become mandatory for everybody from Feb. 8 but owing to a massive backlash, the company has delayed that to May 15 to try and persuade users to sign up to the new Ts and Cs.

WhatsApp on Monday attempted to address the uproar over privacy concerns with a post on its website, explaining that the update was designed to aid businesses on its platform, as it reiterated in Friday’s post.

“We want to be clear that the policy update does not affect the privacy of your messages with friends or family in any way. Instead, this update includes changes related to messaging a business on WhatsApp, which is optional, and provides further transparency about how we collect and use data.”

These new terms have caused an outcry among technology experts, privacy advocates, billionaire entrepreneurs and government organisations and triggered a wave of defections to rival services. Elon Musk has urged his followers to switch to Signal and the governments of Turkey and India have threatened to block the app if it insists on proceeding.

‘WhatsApp’s updated privacy policy verges on user surveillance and threatens India’s security’, a petition filed in an Indian court said on Thursday, presenting another legal challenge for the Facebook Inc. -owned messenger. “It virtually gives a 360-degree profile into a person’s online activity,” lawyer Chaitanya Rohilla told the Delhi High Court. Many Indian users have began installing rival apps like Signal and Telegram, pushing WhatsApp to begin a costly advertising campaign to calm its 400 million customer-base, the largest of any country. The change has also met with a challenge in Turkey with the country’s Competition Board this week launching an investigation into the messaging service and its parent company.

Elsewhere too, in spite of Whatsapp protestations, millions of its users are already migrating to alternative platforms. Signal saw 7.5 million downloads last week,  a 4,200% spike since the previous week and large swaths of users also jumped to Telegram, as the platform gained 9 million new users last week, up 91% from the previous week. Both apps are now topping Google and Apple’s app stores,

Facebook could possibly learn a lesson from history here. Every past empire – Aztec, Mayan, Greco-Roman, Sumerian, Mongol, Chinese, Ottoman and more recently British, all saw their star rise, their glory swell, their boundaries grow and yet each eventually fell, often the instigators of their own downfall.

They expanded too far too fast and could not control what they had initially conquered. And now it looks like the same fate might await this large tech giant. Parent company Facebook has also come under fire recently for overt and covert censorship policies with questions raised as to partisanship and curtailment of freedom of speech. Thus one would have to question the wisdom of the timing of this new Whatsapp privacy policy, if nothing else.

To understand its influence and control one only has to check out the un-smart sector of the mobile phone industry which for some time has offered handsets a small step up from the basic starter sets with Facebook and Whatsapp as default screen app settings. These limited internet access options have allowed millions of users to connect with affordable data bundle packages.

And for Google smartphone subscribers, the search engine automatically connects its base to Whatsapp and Facebook – one big, happy family. Facebook is also seamlessly linked to Paypal offering contact-less charges for its boosted post advertising, a somewhat sinister partnership which accesses their Paypal log-in and authorisation details without the need to inform the payee – the transaction is simply deducted automatically from the registered credit card. This is Big Brother with a blue logo.

The bottom line here is that if you have any privacy issues at all – and you probably should – you might as well make the switch now before you are forced to sign away your rights in May. And the plus part is that both Signal and Telegram have the technological edge over Whatsapp anyway, the latter even being accessible on multiple platforms simultaneously, not just on your phone.
Empires take time to crumble and Facebook is not in imminent danger but information is a weapon that can be used in any war, even a virtual conflict, so don’t give this giant any more ammunition than it already has.

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The Daring Dozen at Bari

8th December 2020
JEFF---Batswana-smoke-unit

Seventy-seven years ago, on the evening of December 2, 1943, the Germans launched a surprise air raid on allied shipping in the Italian port of Bari, which was then the key supply centre for the British 8th army’s advance in Italy.

The attack was spearheaded by 105 Junkers JU88 bombers under the overall command of the infamous Air Marshal Wolfram von Richthofen (who had initially achieved international notoriety during the Spanish Civil War for his aerial bombardment of Guernica). In a little over an hour the German aircraft succeeded in sinking 28 transport and cargo ships, while further inflicting massive damage to the harbour’s facilities, resulting in the port being effectively put out of action for two months.

Over two thousand ground personnel were killed during the raid, with the release of a secret supply of mustard gas aboard one of the destroyed ships contributing to the death toll, as well as subsequent military and civilian casualties. The extent of the later is a controversy due to the fact that the American and British governments subsequently covered up the presence of the gas for decades.

At least five Batswana were killed and seven critically wounded during the raid, with one of the wounded being miraculously rescued floating unconscious out to sea with a head wound. He had been given up for dead when he returned to his unit fourteen days later. The fatalities and casualties all occurred when the enemy hit an ammunition ship adjacent to where 24 Batswana members of the African Pioneer Corps (APC) 1979 Smoke Company where posted.

Thereafter, the dozen surviving members of the unit distinguished themselves for their efficiency in putting up and maintaining smokescreens in their sector, which was credited with saving additional shipping. For his personal heroism in rallying his men following the initial explosions Company Corporal Chitu Bakombi was awarded the British Empire Medal, while his superior officer, Lieutenant N.F. Moor was later given an M.B.E.

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