10 Feb 2020

The High Court in Gaborone on February 7 postponed Mr Maneke Segootsane election petition case pending judgement. 

Mr Segootsane was a council candidate for the Umbrella for Democratic Change at Kaudwane/Sorilatholo ward.

His contention was that the ballot paper that was used in the election included an Alliance for Progressives (AP) symbol even though the party was not contesting. 

The ward was contested by the Botswana Democratic Party (BDP), UDC and Botswana Patriotic Front (BPF). After hearing final submissions from the petitioner and respondents’ attorneys, the court adjourned the case .

Arguing the petitioner’s case, the lead counsel for the petitioner’s attorneys, Advocate Duma Boko maintained that voting for Kaudwane/Sorilatholo ward was rigged by the use of an irregular ballot paper.

“My theory is that if the AP symbol was not there, the voters who voted for AP would have voted for the UDC, the symbol confused them,” he said.

“We are here as a result of IEC’s failure to provide the relevant ballot paper. We are now forced to speculate what could have happened if the AP was not included in the ballot paper,” said Mr Boko arguing that the result of the election must be nullified.

Advocate Boko argued that the contention would still stand even if no one had voted for the AP. “Our concern is focused on the inclusion of the AP symbol, as long as it appears on the ballot paper, the outcome of the election will be affected,” said Advocate Boko.

The BDP attorney, Counsel Itseng Mothibamele rhetorically asked how people could get confused by the AP symbol since they knew the parties they were to vote.

 He said the petitioner never said he was confused and did not find it necessary to bring forth witnesses who were confused to substantiate his line of reasoning.

He further said there was no proof of confusion, adding that what was presented before the court by the petitioner was mere speculation. 

“My learned friend says the people were confused. If his client emerged victorious would he still be saying that voters were confused,” he said.

Counsel Basimane Bogopa, also representing the BDP candidate, said even if all the AP votes were to be given to the petitioner, he would still suffer the same fate of losing the election. 

Justice Gaolapelwe Ketlogetswe enquired from Mr Bogopa as to whether it was possible to take votes that were cast for another candidate and give them to the opposing candidate to augment his votes.

Justice Itumeleng Segopolo questioned the thinking indicating that one could not ascertain that since the petitioner was a member of an opposition party and that those who voted the AP could have obviously voted for the UDC. 

“They could have even voted for the ruling party if they so wished,” said Jusrice Segopolo. Ends