15 Apr 2021

  The issues of political funding will be dealt with during the Constitutional review process, says the Assistant Minister for Presidential Affairs, Governance and Public Administration, Mr Dumizweni Mthimkhulu. Mr Mthimkhulu told Parliament, Tuesday that the electoral reform was largely informed or guided by the Constitution.

“Therefore, our electoral reform will benefit from a broader and comprehensive process of Constitutional Review which government is in the process of putting in place,” he said.

In addition, the assistant minister noted that the critical exercise would among others, remove legal provisions that might be deemed to undermine the democratic providence of the country’s governance system.

On equal access to state media, Mr Mthimkhulu said his ministry’s understanding was that all parties have equal access to state media. The state media does not discriminate against coverage of various political parties. It is only where there is limited resources that some may not be covered.

Editorial discretion may also not allow glorifying unethical behaviours. We are a democracy; and we have the responsibility to nurture and continue building the moral fabric of our society,” said Mr Mthimkhulu.

The resolution of election disputes, he said, was regulated under section 69 of the Constitution of Botswana, in terms of which the high court has the jurisdiction to hear and determine disputes pertaining to elections.

 As such, Mr Mthimkhulu said under the current legal framework the high court was the court of first and last instance and no other body had been authorised to determine election disputes.

Currently, he said, after every general election, the Chief Justice constituted a panel of judges to focus solely on election petitions and dispose them within the 90 days as prescribed in the Electoral Act. So far, he said the exercise was executed well. He told the House that, ‘it is on this basis that the election tribunals cannot be created under the current legal framework.’

Further, the assistant minister said one of the recommendations from the National Stakeholder Evaluation Workshop submitted to government by the Independent Electoral Commission covered counting of votes at polling stations.

He said the issue was thoroughly canvassed during the debate of the motion that was brought to Parliament by Mahalapye East MP, Mr Yandani Boko.

He said the reasons that were advanced then, were still pertinent. “It is our considered opinion that the issue will be best addressed during the Constitutional Review process,” said Mr Mthimkhulu. He also highlighted that the use of transparent ballot boxes in election management was considered a best practice.

However, he said, there were challenges of secrecy and security of ballots associated with the use of transparent ballot boxes. 

Bobonong Member of Parliament, Mr Taolo Lucas had asked the minister how government sought to reform the electoral process in Botswana, with particular reference to state funding of political parties, equal access to public media, introduction of election tribunals, counting of votes at polling stations and the use of transparent ballot boxes. Ends