22 Jan 2020

Election results petitioner, Mr Mogalakwe Mogalakwe of  Alliance for Progressives (AP) has told the Gaborone High Court, that the Independent Electoral Officer did not extend voting time to cater for voters that were deterred by rain.

Giving evidence in chief, Mr Mogalakwe, who was the AP council candidate in the Mosolotshane/Moralane ward in the Shoshong constituency, told the court  that IEC officials at Moralane Primary School polling station did not allow voting for those who were obstructed by rain. He said the irregularities impacted on the outcome of the elections.

He also contended that a certain individual by the names Bajeleng Kaudimba canvassed for votes on behalf of the BDP.

 He told the court that he received a call from his agent, Oitisitse Dikhuhang, on the morning of the elections, telling him that Kaudimba was parading along the queue canvassing for votes on behalf of the BDP candidate, who was the eventual winner of the ward.

 “I drove from Mosolotshane, where I was registered to vote to the polling station in question, where upon arrival I saw Kaudimba moving up and down along the voters’ queue. I reported the suspicious incident to an election officer, Ms Lizzy Dithebe, who did not heed what I was saying,” narrated Mr Mogalakwe. 

He told the court that Mr Kaudimba continued with his mission of canvassing for votes for the BDP as the election officer had ignored his complaint.  “I even reported to Constable Ratanang Gaoakanye, who is a police officer at the Mosolotshane police post,” said Mr Mogalakwe. He indicated that it was unlawful for someone who had voted, like Mr Kaudimba, to loiter around the polling station

Mr Mogalakwe also told the court, that Constable Gaoakanye was the one who also closed the gate of the school at 1900 hours, indicating that the potential voters who were crowded outside the school premises were not allowed to vote even though, they had earlier on dispersed to seek shelter from the rain. 

He alleged that efforts to house the voters in one of the classrooms were futile as the officer failed to locate the keys of the identified classroom.

Mr Mogalakwe also raised an issue of poor lighting inside the classroom that was used for casting votes.  

He alleged that there was a time when the Cadac lamp that was used to provide light did not function well, and therefore some voters voted under a poorly illuminated environment as IEC officials even used their cellular phones to provide light. 

Mr Mogalakwe alleged that the decision, even though taken with the view to enable the voting process, was not lawful. He said providing light using cellular phones was not in any way prescribed by the IEC.

He also alleged that some voters with disabilities were not assisted accordingly, citing that a certain voter, who was deaf and dumb, was denied an opportunity to be assisted by a relative, who understood sign language.

 Mr Mogalakwe also alleged that some assisted voters, who wanted to vote for him, were advised to put a cross against the UDC and AP symbol in a single vote by the officials, therefore rendering votes spoilt. He alleged that such evidence was gathered from the affected voters adding that he had witnesses to attest to the claim.

 Under cross examination by the second respondent, Kesebelwang Gaorongwe’s attorney, Mr Busang Manewe, Mogalakwe indicated that he heard from Diphuhang that, Mr Kaudimba was canvassing for votes for the BDP.  Mr Manewe contended that the second respondent would call a witness who would deliver to the contrary, by indicating that voting at Moralane polling station was extended by 30 minutes to which Mr Mogalakwe said such evidence would be false.

Mr Mogalakwe concurred with Mr Manewe that a Cadac lamp was provided by the IEC to provide lighting in the polling room, but the unfortunate part was that it failed to fully serve the intended purpose as IEC officers were at one point forced to provide light using cellular phones. Mr Mogalakwe said the use of cellular phones to provide light compromised the secrecy of the votes as officers had to accompany voters into the cabin to provide lighting. 

Mr Manewe further asked Mr Mogalakwe how sure he was that the people who were under the light produced by cellphones were voting since he was observing from outside the school gate. Mr Manewe added that if at all Mr Mogalakwe was worried that people were being deceived using a phone light he would have picked one victim of that incident to give evidence in court

The first respondent (IEC) Advocate Otsile Rammidi had earlier on told Mr Mogalakwe under cross examination that one of their witnesses, Ms Lizzy Dithebe would testify that the only time Mr Mogalakwe complained to her about Kaudimba was around 7pm in the evening and not in the morning and evening as he claimed. 

He also told him that the witness would also testify that there was no crowd at the gate by 1900 pm as the gates were still open by 1930pm.

The Moralane/Mosolotshane ward was won by the BDP candidate with 674 votes, followed by Mr Mogalakwe with 637 votes, while the Umbrella for Democratic Change candidate managed 264 votes. About 72 votes were rendered spoilt. ENDS