ELECTION UPDATE 2004 BOTSW ANA

number 2 23 November 2004

contents Introduction 1 Opposition Needs to be Strengthened 2 W omen Representation in Parliament 3 Constitutional & Institutional Context 5 Voter Registration 8 Political Party Registration 9 Campaign Process 11 Campaigns, Issues and Visibility 12 The Smiling Faces on the Posters 13 Civic/Voter Education 14 Role of the Security Forces 14 Army Trading Fatigues for Political Caps 14 Controversy over Election Date 14 References 15

Compiled by

Sechele Sechele

EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima

Published with the assistance of NORAD and OSISA

Introduction country‘s new political in the election. The validity of development. According to these assertions concerning

Botswana's recent elections, Khabele Matlosa, a senior the PR system can be clearly held on 30 October 2004, have research advisor at EISA, demonstrated. Although the once again reinforced the Botswana needs to opt for a BDP has captured 80 percent country‘s reputation as one of proportional representation of the seats in Parliament, on the —most stable, liberal and (PR) voting system to provide the basis of details from 55 out effective democracies" in the opposition with a "bigger of the 57 constituencies, the Africa. The opposition, presence" in Parliament. In the ruling party only polled 52 however, needs to be PR system, a political party percent of the popular vote, strengthened. This is receives a share of seats in with 48 percent of the according to political analysts direct proportion or equal to electorate voting for the clearly observing the the number of votes it garners opposition. Therefore, if the election update 2004 Botsw ana number 2 number of votes cast The mission‘s assessment of elections, but the ruling BDP translated into seats, then the the elections was based on has always rejected the idea. BDP would only have 30 seats the Principles of Election in the 57-seat National Management, Monitoring Motsamai indicated that it Assembly, with 27 going to and Observation (PEMMO) was universally recognised the combined opposition in the SADC region.A that money may have undue parties.A number of political Southern African influence on a country‘s commentators and opposition Development Community politics and many countries parties have called for a Parliamentary Forum team are reviewing their laws to change from the present first- also observed the poll, provide for the compulsory past-the-post system or for its Botswana's ninth since disclosure of private funding combination with aspects of independence from Britain in to political parties and the PR system. All these 1966. candidates. EISA also stated suggestions, however, have that the appointment been consistently rejected by At the conclusion of the procedures of the IEC and its the BDP. general election, all local and executive secretary raised regional observer and concerns of perception about A delegation of 22 observers monitoring missions the independence and from South Africa-based declared the elections to be impartiality of the IEC. organisation, EISA, arrived free and fair. The ruling in Botswana a week prior to Botswana Democratic Party The mission observed that the the general elections and in (BDP) took 44 of the 57 All Party Conference should preparation for the country's parliamentary seats, the be strengthened in order to October 30 poll. On that opposition Botswana build consensus and promote date, 552,890 registered National Front (BNF) trust in the Commission. It voters were expected to cast obtained 12 seats (it had five expressed concern that the their ballots in parliamentary after the 1999 elections) and appointment of the IEC was and local government a rival opposition party, the too close to the election date, elections at one of 2,179 Botswana Congress Party saying this could disrupt the polling stations countrywide. (BCP), has maintained its electoral process.The mission EISA was invited by the one seat in Parliament. also recommended that Botswana Independent Botswana follow other SADC Electoral Commission (IEC) Opposition Needs to be countries by having a to observe pre-polling, Strengthened constitutional provision for the polling, counting and the election date. Opposition early stages of the results Addressing the press after parties in Botswana have long tabulation. To do this, it the election, the head of the complained that it is the deployed teams in , EISA mission and Speaker government and not the IEC Francistown, Jwaneng, of the Lesotho National that sets the election date and Lobatse, Maun and Selibe Assembly, Ms Ntlhoi have called for the same Phikwe. They were expected Motsamai, said that change EISA recommended to meet with electoral Botswana should consider by EISA. stakeholders, including the funding political parties in Independent Electoral order to level the playing The mission proposed that Commission, political parties field by minimising the Botswana should abide by and civil society adverse impact of private PEMMO‘s proposition that organisations ahead of funding on politics. This access to and use of public election-day. issue has been a subject of media and other public debate in Botswana in the resources during an election period leading up to the should be equitable.

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Opposition parties in the BCP. In addition, serious This has already attracted the Botswana have also vote splitting was caused by anger of the newly-formed complained that the public two opposition parties, that Gender and Media Southern media, especially television, are also BNF splinter groups, Africa (GEMSA) Network, gives the ruling party greater contesting in the sane area. which, in a recent press coverage. Mogoditshane constituency statement, stated that it was might also have gone to the deeply disappointed by the Other recommendations opposition as here; the decline in women MPs in the included reviewing the combined vote for the new Botswana Parliament in electoral system to opposition also exceeded this last election before to accommodate a more that of the BDP. The same is 2005: the regional deadline balanced gender true of Ngwaketse South and for achieving at least one representation and the Kgatleng W est. The people third representation by counting and reconciliation in the two constituencies women in decision-making. of ballots at the polling clearly voted for opposition stations immediately after in large numbers, but they Members of the network, the close of voting. The were let down by the BNF which comprises gender and mission stated that the splinter parties. media activists across the current system of taking Southern African ballots to a central place is The BDP therefore, Development Community long, cumbersome and benefited from the (SADC) region, urged risky.The opposition opposition split vote to President and suffered a serious setback in finally obtain 44 his party to take every the election once more, due parliamentary seats out of measure to rectify the to vote splitting in the the 57 in the enlarged situation. This includes elections. These were also National Assembly of through their prerogative to marred by long queues and Botswana. nominate four members of very slow counting of ballots parliament. The ruling party œ resulting in some voting W omen Representation in and its government have outcomes being known two Parliament since apparently responded days after votes were cast. favourably to the call after it Due to the vote splitting, the elected three women into Some of the constituencies BNF lost a number of former Parliament as specially- where vote splitting was strongholds which it had elected members: Professor pronounced and which were dominated in previous Sheila Tlou, Moggie widely expected to fall to the elections. Examples are Mbaakanyi and Margaret opposition, include Selibe Gaborone North, a Nasha. Phikwe East and W est œ constituency in the capital of where the BNF President Gaborone. The BNF has held The failure of Botswana to (Otsweletse Moupo and BCP this since the 1984 general elect more women into Vice President (Gilson elections, but lost to the decision-making positions Saleshando) œ suffered BDP. At the same time, the like Parliament comes at a defeat at the hands of the BCP wrestled its lone seat time when SADC leaders BDP. If the opposition had from former cabinet minister have dedicated themselves to been united in these and Margaret Nasha in a closely achieve a 1:3 ratio of women other constituencies where contested parliamentary race in their parliaments by 2005. they lost, they could easily for Gaborone Central, Botswana will not have have beaten the BDP. The reducing the number of another chance to do this vote split, however, was women MPs to four œ all before the 2005 deadline. mainly between the BNF and from the BDP. This does not auger well for

3 election update 2004 Botsw ana number 2 a country that is widely seen conduct, is host to and will —The position of Speaker in the sub-continent as a chair SADC in 2005, there also remains to be decided. model of democracy and should be a back-tracking on We urge the Parliament of good electoral conduct. It closing the gender gap in Botswana to consider a will also host and chair politics at this critical woman candidate for this SADC in 2005. juncture. —At our Gender post. The new cabinet also and Media Summit in remains to be announced. In the 1999 elections, September 2004 we This is an area of decision- Botswana managed to get 17 expressed concern that even making in which the percent women if every woman candidate president has the power to representation in Parliament, were to win her seat in the make radical changes. We but the number of elected October election, women challenge him to show his women has since dropped to would only constitute 21 commitment to regional seven percent after the latest percent of the members of decisions and to gender elections.This has reduced parliament. We warned at equality by doing so. Botswana from position six the time of the danger that in the SADC region in terms Botswana could regress from —We also urge that other of women representation in the 17 percent achieved in SADC countries in the Parliament, to position 12, the 1999 elections- up from region that have elections only ahead of Mauritius. seven percent. pending in the coming months, including Namibia, Botswana is also the only —Our worst fears have been Mozambique, Angola, SADC country that held confirmed, with women's Zimbabwe, and elections this year that has representation dropping to Mauritius state how they experienced a decline in seven percent of elected intend to honour the women‘s representation; parliamentarians in the commitment made in the with both South Africa and October elections, and SADC Declaration on Malawi (which had their Botswana climbing down the Gender and Development.“ elections earlier in the year), regional ladder from sixth to registering increases œ from twelfth position (ahead only The Botswana Parliament 30 to 32 percent, and eight to of Mauritius),“ stated has not heeded this call. It 17 percent, respectively. GEMSA. elected Patrick Balopi as the Speaker on 8 November, The poor gender balance in GEMSA also stated that, 2004 and we are yet to see the Botswana parliament —While we recognise that the whether the deputy will be a caused GEMSA to state that democratic process must woman. although it is aware that the take its course, we note that mere representation of despite repeated reminders The BDP has been in power women in politics is not and examples of good since independence from equivalent to gender practice in other countries, Britain 38 years ago. The transformation, —…we also political parties and the BNF has so far raised their firmly believe that government in Botswana did number of seats from six to transformation cannot begin not take any special 12, while the BCP won only to be take place when over measures to try to promote one seat in the 1999 national half the population is the increased representation elections. After this year‘s effectively excluded from of women in this year's election, the opposition is decision-making. It is elections, such as weak and fragmented and distressing that in a country constitutional, legal or has been unable to sway that is a model for voluntary party quotas. voters because they remain democracy and electoral too close to the mainstream

4 election update 2004 Botsw ana number 2 positions taken by the ruling Constitutional and (b) W hen a comprehensive party. Institutional Context national population census has been held. News agencies reported that The delimitation of The last constituency the opposition attacked the constituencies, which had to delimitation was undertaken government‘s record on be completed before the in 2002 after the Judicial poverty and unemployment October 2004 general Service Commission during the election elections could take place in appointed the Delimitation campaign, arguing that as the Botswana, is provided for Commission on 18 July world's leading producer of under Section 63 of the 2002, in terms of Section 64 raw diamonds, Botswana's Constitution. This section (1). This followed the wealth was benefiting only a states that the country "shall completion of the 2001 few. In its latest report, the be divided into as many national population census UN Economic Commission constituencies as there are and after Parliament for Africa noted that elected members of the instituted an increase from Botswana needed to National Assembly" and forty to fifty-seven, as the diversify its diamond-based each of those constituencies number of seats of elected economy. shall elect one member of Members of Parliament, the National Assembly. through a constitutional Most of the council seats in Section 64 of the same amendment Act No. 12 of the second largest city of Constitution empowers the 2002. The 2002 constituency Francistown went to the Judicial Service delimitation came 10 years BDP. Some of the BDP Commission, headed by the after the one held in 1992. victories, such as that of the Chief Justice of the High Vice President and BDP Court of Botswana, who is The powers and functions of chairman, , who appointed by the President, the Delimitation won in one of the party to appoint a Delimitation Commission are provided for heartlands in the Commission consisting of a under Section 65 of the constituency, were secured chairman and not more than Constitution as follows: in unopposed polls. Most of four other members, at 1. W henever a Delimitation the municipal and intervals of not less than five Commission has been parliamentary seats in the years or more than 10 years. appointed the capital city, as well as Commission shall as neighbouring Lobatse, hub Further, sub-section 2 of soon as practicable of the beef industry, Section 64 of the submit to the President a continued to be opposition Constitution also provides report which shall state strongholds. that the Judicial Service whether any alteration is Commission shall at any necessary to the Botswana's president-elect, time appoint the boundaries of the Festus Mogae, was Delimitation Commission as constituencies in order to inaugurated in Gaborone on soon as it is practicable, after give effect to sub-section 2 November, 2004. He was the following has taken (2) of this Section or in swept back to power for a place: consequence of any second and final term. He is (a) W hen Parliament has alteration in the number expected to step down at the made provision or passed of seats of elected end of March 2008, when it a law altering the number members in the National is thought that he will of seats of elected Assembly and where any automatically hand over to members of the National alteration is necessary Vice President Ian Khama. Assembly; or shall include a list of the constituencies delimited

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by the Commission and a delimited by the According to the Report of description of the Commission. the Delimitation boundaries of those 5. A proclamation under Commission of 2002, the constituencies. subsection 4 of this Commission took into 2. The boundaries of each Section shall come into account and considered one constituency shall be force at the next or a combination of some or such that the number of dissolution of the all of the factors set out in inhabitants thereof, is as National Assembly after Section 65 (2) of the nearly equal to the it is made. Constitution in relation to population quota as is 6. The Commission may by each locality or geographical reasonably practicable: regulation or otherwise, area. It says the primary Provided that the number regulate its own factor which the 2002 of inhabitants of a procedure and may, Commission was empowered constituency may be subject to its rules of by the Constitution, when greater or less than the procedure, act carrying out its task, was to population quota in order notwithstanding any take account of population to take account of natural vacancy in its quota defined in the community of interest, membership or the Constitution as meaning the means of absence of any member number obtained by dividing communication, and its proceedings shall inhabitants of Botswana as geographical features, not be invalidated by the ascertained from the 2001 density of the population, presence or participation national population census and boundaries of tribal of any person not entitled by the number of the 57 territories and to be present at or to constituencies which have administrative districts. participate in those been created by parliament. 3. In this section, proceedings. The report maintains that on "population quota" 7. In exercise of its the basis of the 2001 means the number functions under this population census, the obtained by dividing the Section, the Delimitation population of Botswana was number of inhabitants of Commission shall not be 1.7 million and when that Botswana (as ascertained subject to the direction or figure is divided by 57, the by reference to the latest control of any person or population quota obtained comprehensive national authority. was 29 825. population census in 8. A Delimitation Botswana), by the Commission shall stand The Constitution further number of constituencies dissolved upon the date provides that when into which Botswana is on which its report is demarcating the boundaries divided under Section 63 delivered to the of constituencies, the of this constitution. President. Commission is at liberty to 4. The President shall as have a constituency which is soon as practicable after This provision also means greater or less than the the submission of the that once the Commissioners population quota when report of the have presented their report regard is had to geographical Delimitation (to the President), they cease features such as deserts, Commission, by the to exist as members of a forests, rivers, and swamps, Proclamation published Commission, and are means of communication in the Gazette; declare therefore, technically no such as roads, and the boundaries of the longer answerable for their telephones, population constituencies as actions or for the issues they density, administrative raise in their report. districts, tribal territories'

6 election update 2004 Botsw ana number 2 boundaries and natural proviso to Section 65(2) of 24.Shoshong 25 366 Shoshong retained its name while the rest of community of interests. the constitution, and are easy the population went to Tswapong South. to understand, the This constellation of constituencies lies Observers have already Commissioners felt the within the Mahalapye sub-district of the Central District, with its capital at Serowe. indicated that the phrase "community of This is an area where the influence of the constitution here creates a interest" was too loaded and ruling BDP is felt very strongly. Serowe North was divided into: loophole that is well all-encompassing and not 25.Serowe North East 27 754 exploited by the ruling party defined in the constitution. 26.Serowe North W est 25 108 when it comes to delimiting They arrived at the 27.Serowe South 29 434 Boteti became constituencies in urban conclusion that the phrase 28.Boteti North 24 212 centres where its support is means "a collection of 29.Boteti South 26 627 Unchanged waning. Because of the common interests that arise 30.Kgatleng East 38 566 relatively improved from an association of a 31.Kgatleng W est 34 910 Gaborone (population 200 000) was divided conditions, the lack of group of people brought into five constituencies, namely: deserts, forests, rivers etc in about by natural as opposed 32.Gaborone Central 35 745 urban centres, to artificial means". 33.Gaborone North 38 741 34.Gaborone South 36 365 communication and transport 35.Gaborone W est-North 37 959 are thought of as within easy The 57 new constituencies 36.Gaborone W est-South 37 517 and their population sizes South East (population 60 564) was divided reach, hence some Gaborone into constituencies are twice as constituency population 37.South-East North 26 471 Three new constituencies were created from 38.South-East South 32 890 Maun/Chobe large as some rural Mogoditshane was divided into 1.Chobe 19 390 constituencies. 39.Mogoditshane 32 811 2.Maun East 28 125 40.Kweneng South East 29 640 3.Maun W est 29 060 Thamaga was renamed unchanged But how true is the assertion 41.Kweneng South 34 635 4.Ngami 36 115 Molepolole was divided into: that modes of 5.Okavango 30 280 42.Molepolole North 29 531 North East constituency was divided into: communication and transport 43.Molepolole South 28 512 6.Tati 24 988 Lentsweletau was renamed are within reach of the urban 7.Tati W est 24 311 44.Kweneng East 28 985 poor? In deciding to The City of Francistown, population 82 985, Letlhakeng was divided into was divided into: demarcate the present 57 45.Letlhakeng East 19 768 8.Francistown East 26 271 46.Letlhakeng W est 18 549 constituencies, the 9.Francistown W est 27 503 unchanged 10.Francistown South 29 211 Commissioners based their 47.Lobatse 30 892 Sebina -Gweta became 48.Borolong 36 539 criteria solely on population 11.Nata Gweta 29 011. 49.Ngwaketse South 33 546 size and took advantage of Nkange was realigned and other areas excised Kanye was divided into the loopholes in the 12.Nkange 36 258 50.Kanye North 26 977 51.Kanye South 27 177 constitution in relation to the Tonota constituency, population 48 115, was divided into: Unchanged "the less or greater than the 13.Tonota North 32 070 52.Moshupa 29 313 population quota“, with the 14.Tonota South 28 458 Ngwaketse W est retained its name but reduced in size: conspicuous exclusion of In Borbiwa (population over 40 811), another area was excised 53.Ngwaketse W est 24 709 other considerations in most 15.Bobirwa 36 844 Kgalagadi was divided into cases. The Commission unchanged 54.Kgalagadi North 21 245 16.Madinare 35 190 55.Kgalagadi South 20841 legitimises its actions in this Selebi-Phikwe, population 49 849, was Ghanzi was divided into regard with the assertion that divided into 56.Ghanzi North 17 437 17.Selebi-Phikwe East 25 019 57.Ghanzi South 15 744 while other factors such as 18.Selebi-Phikwe W est 24 830 geographical features, means unchanged Empirical evidence indicates of communication, 19.Tswapong North 33 515 20.Palapye 29 094 that the ruling party population density, 21.Tswapong South 29 372 strongholds such as the boundaries of tribal Mahalapye, Shoshong, and Tswapong South constituencies (total population 110 000) Central District, North East territories and administrative were deemed contiguous and divided into and Kgalagadi, gained most districts were taken into three constituencies: 22.Mahalapye East 25 387 from the sub-divisions into account, as listed in the 23.Mahalapye W est 29 743 many small constituencies.

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This has resulted in expired or been lost are for inspection by the public opposition complaints. In barred from registration. On at the offices of the principal contrast, in opposition the day of the election, registration officer. strongholds such as voters are required to Gaborone, Kanye and produce both the election On the publication of an Ngwaketse W est, the registration card and the order appointing a general Commissioners failed to identity card. registration period, apply the same criteria as in according to Section 5, the the ruling party strongholds, Section 7 of the Electoral Secretary of the Commission resulting in a dilution of Act stipulates that the shall publish a notice in a opposition strongholds to the general registration of voters manner he considers benefit of the ruling party. shall commence after polling appropriate: This created a public districts and polling stations impression that have been established under (a) calling upon every constituencies had already Section 5 or whenever the person entitled to been delimited before the Commission considers register to apply for Commission was convened. necessary for new general registration during the rolls to be prepared in order general registration Voter Registration to obtain accurate rolls of period, and specifying voters in any constituency. the dates, times and SADC norms and standards The Commissioner shall by places when and at for conducting free and fair order published in the which persons so entitled elections, as well as the Government Gazette, appoint may apply for such Independent Electoral a period to be a general registration. Commission study on voter registration period, in respect (b) The Commissioner will apathy of 2002, have both of the constituency or also be obliged to recommended the constituencies specified in disclose the times and establishment of a the order. places when copies of continuous registration the relevant sections of processes. Both the IEC and The Section further provides the existing rolls will be the government have long that if the Commission is available for inspection started to implement such satisfied that existing voters' by the public and where recommendations. roll constitutes a and at what times and substantially accurate record dates. In addition, Botswana's of persons entitled for Electoral Act provides for registration at polling Section 8 of the Electoral continuous registration or the stations, such rolls shall be Act provides that the updating of existing voters used in the preparation of registration of voters other rolls instead of creating new general rolls following that than during the general rolls every time there are registration period. registration period shall be general elections. However, conducted at the office of the there are no permanent During the general principal registration officer registration cards so that one registration period, for each constituency. The can register once and be able registration officers shall Act further allows for to vote in subsequent attend at all polling stations absentee ballot under Section elections. A national identity and designated polling 9(1), while Section 9(2) card, (O mang in Setswana), districts for the purposes of obliges the Secretary of the is necessary to register as a registering voters. Copies of Commission to publish a voter and those whose relevant sections of existing notice in foreign newspapers identity documents have rolls shall be made available where citizens are resident

8 election update 2004 Botsw ana number 2 during the specified Assembly, and no other period during which registration period. person may be so registration of voters will registered". take place. Eligible voters must provide (b) Supplementary their names, indicate their According to Dingake registration periods may sex, give their postal address, (2000:142), the right to vote be held subsequent to the house or plot numbers and encompasses the right to general registration identity number. Appeals have one's vote counted period. and objections against without being diluted by (c) The Electoral Act registration are to be lodged fraudulent votes. permits any person who within seven days with the claims to be entitled to principal registration officer. Registration, he says, register to apply for Subsequent supplementary ensures that each person registration before a registration allows for votes only once because, registration officer for transfer of registration to firstly the registered voter's the constituency other another polling station. name appears only in one than during the general polling station, so that he or or supplementary The Constitution further she cannot vote under that registration periods. provides that those people name at any other polling who have a right to vote are station. Secondly, Dingake maintains that it is those who are: registration normally entails unfortunate that although the (1) a citizen of Botswana or verification of the voter's Act allows for continuous any other country to identity in order to eliminate registration, the practice is which this section is problems of attempted such that continuous applied by Parliament; impersonation of another registration appears not to be (2) has attained the age of 18 registered person who is encouraged. According to years; and either dead, has moved or is Dingake, if the election (3) has resided in Botswana temporarily absent. office does not allow for a for a continuous period system of continuous of at least 12 months In Botswana, voter registration, the result will immediately preceding registration is the function of inevitably be the the date on which he the Independent Electoral disenfranchisement of a applies for registration as Commission. Voters will significant proportion of the a voter or was born in only be able to vote if their electorate. Botswana and is names are included in the domicile in Botswana on voter‘s roll for the There have been reported the date on which he constituency in which they delays in the issuing of applies for registration as have been registered to vote. national identity cards, a voter, "shall, unless resulting in many people s/he disqualified as a The Electoral Act further being disenfranchised. This voter under any law, be provides that: brings about serious entitled, upon making reservations regarding the application on that behalf (a) W here the President fairness of the electoral at such time and in such deems it appropriate for process. a manner as may be new general rolls to be prescribed by any law, to prepared in respect of a Political Party Registration be registered as a voter constituency or several for the purposes of constituencies, he may According to Key Dingake, elections of elected appoint a period to be a the right to be a candidate is members of the National general registration closely linked to the right to

9 election update 2004 Botsw ana number 2 form a political party or to blindness or other that they are undemocratic associate freely with others physical cause, to read and lack transparency and to promote common interests English well enough to are bent on imposing (Dingake, 2000:151). take an active part in the candidates on the electorate.“ proceedings of the The IEC further maintains Political parties in Botswana Assembly. that the disquiet in the are registered in terms of the conduct of such primaries in Societies Act. Those wishing There is no requirement that Botswana reflects the lack of to register a political party a candidate must be resident institutionalisation of must apply in writing to the in a constituency which s/he procedures, wherein every Registrar of Societies who wants to contest. Certain contestant would accept the may refuse to register such persons who may otherwise result of such an election. an association if in his be eligible for membership This casts further, serious interpretation, it appears that of the National Assembly are doubts over the extent of such an association may nonetheless barred from internal democracy within engage in unlawful activities being candidates. political parties themselves. or "it appears to him that its They are: The election body maintains constitution, or rules, are that there is cynicism repugnant or inconsistent (a) members of the House of regarding the conduct of with any written law.“ Chiefs; primary elections, suggesting (b) public officers that the primary elections are Any society aggrieved by (c) those having manipulated to sideline refusal to be registered may responsibility in people who are considered appeal to the Minister, connection with running controversial by the party according to the Societies of elections; leadership. Consequently, Act. (d) are under some party activists have Candiatate Nomination acknowledgement of resigned from their parties Section 61 (a), (b). (c) and allegiance, or obedience while others were expelled (d) provides for several to a foreign power; for what was termed qualifications that a person (e) have been declared indiscipline and disloyalty to must possess in order to insolvent; the party. stand for membership of the (f) have been certified National Assembly. A insane; To qualify for election as person shall not be qualified (g) convicted criminals President, one must meet the to be elected as a member of serving a sentence of following requirements: the National Assembly more than six months. unless: (a) he must be a citizen of Each political party will Botswana by birth or (a) He/she is a citizen of normally hold their descent; Botswana; respective primary elections (b) must have attained the (b) He/she has attained the to allow the general age of 30 years and age of 21 years; membership to decide who (c) be eligible to be elected (c) He/She is qualified as a they prefer to represent them as a member of the voter for the purposes of at parliament and council National Assembly. This the election of the levels. However, the IEC means citizens by elected members of the noted in its 2002 study on naturalisation or National Assembly and voter apathy that "the registration are is so registered; and conduct of primary elections disqualified from (d) He is able to speak, and, has been questioned by some running for Office of the unless incapacitated by within the respective parties; President. Dingake is

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clear that such a P100 in cash, in the case of (a) canvassing for votes; provision, "exclude election to council. Although (b) soliciting the votes of those persons who have Botswana does not provide any voter; attained citizenship for presidential elections, (c) persuading any voter not through registration leaders of political parties to vote for any particular from contesting the are required by law to be candidate; presidency" and this is nominated by at least 1, 000 (d) persuading any voter not unfair in that it violates supporters. Should a to vote at the election; the principle of equality nominee fail to meet this (e) shouting slogans which is enshrined in the criterion, he or she is concerning the election; constitution. disqualified as a presidential (f) being in possession of candidate for any given any offensive weapon or The procedure for political party. wearing any dress or nomination of presidential having any facial or other candidates is governed by The IEC study also assessed decoration calculated to the Constitution and the whether or not the voting intimidate voters; Presidential Election Act process contributes to voter (g) exhibiting, wearing or (Chapter 02;01). apathy and the findings were tendering any notice, Nominations are delivered to that it does (IEC, 2002:58). symbol, badge, the returning officer on such Respondents and focus photograph or party card a date and time as may be groups as well as the main referring to the election. prescribed by law. The survey provided evidence (2) No person shall, on nomination of such a suggesting that the voting the date on which a poll is candidate shall not be valid process contributes to voter held in a constituency, unless such a candidate has apathy. There were long (a) convene, hold or attend been nominated by one queues and the period set any public meeting; person and endorsed by a aside for polling was found (b) operate any megaphone, majority of the Members of to be too short. It was felt amplifier or public address Parliament. that a single day was apparatus for the purpose of inadequate to accommodate making announcements Candidates are nominated large crowds concerning the election under Section b35 of the (unless he is an election Electoral Act and are Campaign Process officer making an official nominated by a proposer, announcement). (3) Any person who seconder and not fewer than W hile the Electoral Act is seven persons as supporters contravenes any of the silent on the issue of the provisions of this section and the names of such campaign process, it does proposers, seconder and shall be guilty of an offence however proscribe certain and liable to a fine not supporters shall be on the behaviour and conduct on election roll for the exceeding P2 000 or to election-day. Caption imprisonment for a term not constituency for which the 02:09:113 says; candidate seeks election. No exceeding five years, or to nomination is valid unless, both, and the court before his or her nomination (1) No person shall on convicting that person may paper is delivered to the the date on which an election in addition, notwithstanding returning officer, a candidate is held commit any of the the provisions of section 28 deposits at government following acts within a of the Penal Code or any revenue office, the sum of polling station or within a other enactment exempting P500 in cash, in the case of distance of 200 metres from any person to be sentenced election to Parliament, or a polling station, namely; to undergo corporal

11 election update 2004 Botsw ana number 2 punishment, award corporal Batswana to issues, as given scanty attention. For punishment not exceeding construed in their well instance, the fact of skewed six strokes.Section 114 considered idiom —Ntwa national distribution of further prescribes disorderly kgolo ke ya molomo“ (that is, wealth, may be touched upon behaviour and sets levels of there is no greater warfare by speakers at rallies but has punishment for infringement and contradiction than verbal hardly ever produced a of the law as regards debate). storm. From as early as four accepted political conduct. o‘clock in the morning, loud Electoral campaigns in From small groups under hailers may be announce a Botswana seem to merely trees to large gatherings of rally later on that will be add drama, rather than any urban folk to loud and addressed by the local party real quality, to the political vibrant motorcades through leadership or a meeting at process. Often, it is the the dusty streets of large which the party will leaders of the various villages and urban centres, officially receive defectors political organisations who there seems to be a from another political party. address and harangue the consensus that political electorate into this or that change should be brought W hen are African parties in political position, telling about by the ballot box. government not making them about problems and Unfortunately, this news? The constitution, with also offering their solutions. consensus is being eroded by its emphasis on the There is very little evidence the fact that fewer and fewer supremacy of the Office of that the general public also eligible voters are voting the President, its guarantees take part in decision-making. every year. for his immunity against This calls for greater impeachment for democracy within parties Campaigns, Issues and commissions or omissions themselves. W hile at every Visibility while in office, the fact that rally there is a question time the President becomes the that may last as long as five President Festus Mogae has first citizen œ all these and minutes, in reality gone on record denying that his other entitlements create unscrupulous politicians his party used state funds to a situation where the have dominated this space as run its election campaign. president becomes above the well. Political schemers and Mogae said that as a party, very laws that he manipulators point only to the BDP depends on big promulgates. friends and those whose business for funding as well views are already known to as on the party‘s From the beginning of his comply with the speaker‘s investments. At a dinner Presidency, Festus Mogae own. This then raises the dance gala event, the BDP is has been involved in various question as to whether the said to have raised P2 altercations and disputes conduct of political million. Mogae has not with his his Attorney discourse is open enough to denied that his party used General, voters at guarantee the nation‘s BDF aircraft to transport his Tsolamosese and other peri- democracy. Vice President to and from urban centres where the state political rallies. alleged that people had However, Botswana‘s squatted illegally on tribal politics has not generated the W hile campaigns in and state-owned land. violence and blood-letting Botswana tend to be noisy Furthermore, there have been that characterises some and dramatic, they often lack differences of opinion with African countries. That is real substance. Bread and human rights groups and perhaps a great credit to the butter issues and matters of those advocating an end to cool-headed approach of economic survival are often the death penalty as well as

12 election update 2004 Botsw ana number 2 the San and Survival he was duty-bound to defend loud hailers, street posters, International. He has had Ian Khama because he had newspaper adverts, radio talk scuffles with the press and moved him from the army to shows, television called a national State of the arena of politics. programmes, public debates Emergency on the eve of a and bill boards. national election in 1999. Campaigns never really stop even in between elections. In All these however, have In 2004 the ruling Botswana Botswana party political increased the costs of Democratic Party has once campaigns are waged at seeking election to an office again stolen the limelight specially designated places and thereby, further and unveiled well called —freedom squares“. excluding the poorer orchestrated political Though these physical open members of society from campaigns. Newspaper spaces in between locations seeking political office. In reports on party activity have are also meant to be this era where petrol and accordingly devoted more metaphorically —free“ services are worth their space to the issues of the political spaces where people weight of gold, even the BDP. W here there we no can say their minds, they are mere fact of getting to the issues, the party used its also gagged in every sense of people has become an issue financial resources to remain the word. They are attended, of affordability. At the level in the forefront of public at any given moment, by a of political parties, it means awareness, even when there battery of police men and that it is only the party with were no immediate issues women meticulously strong financial backing that being debated.For months on recording the proceedings. shall get its message across. end it was the BDP that Botswana is a large but occupied the front pages of This is a relic of the Seretse thinly populated country. newspapers. The squabble Khama era when opposition The distances between major between the party chairman political parties were thought centres of residence are and the Vice President was of as potentially subversive usually big. The only places well covered by all the or likely to be swayed to where campaigns may not be newspapers. The BDP Gantsi violent political methods as entered into are the kgotla conference was a subject of had been popularised by and the pulpit, unless of wide coverage both before liberation struggle course, if you are preaching and after the event. The movements. At that time, the the gospel of the —elected“ conference was also covered opposition BNF did not rule government. by on national television out politics by other means. making it more or less The Smiling Faces on the accessible to all, In recent times, party Poster countrywide. Here, old and political campaigns have new loyalties were affirmed. gone to new centres and During this year‘s political places of mass concentration, campaign heat up, there was People said the real dispute taxi and bus ranks, shopping an increasing number of was between President complexes, and residential smiling faces that went up on Festus Mogae and the areas. Parties slug it out the strategic places of veteran, PHK Kedikilwe, for throughout week-days and Botswana streets. The four the presidency and that all night. Campaigns are no way stops and popular T- the arguments with Khama longer left to weekends. The junctions provided much of were Mogae‘s method for process of taking the the venue for these glossy avoiding a direct assault campaigns to different places campaign materials. In all from someone he knew had has also implied using the posters, there was no huge influence. Mogae said different types of media: pretence of material well-

13 election update 2004 Botsw ana number 2 being of those seeking to be exactly what members know of the BDF, Lt. General elected. In a country where of their own parties. is in an estimated 40% of the parliament and was the people live in poverty, how Role of Security Forces Minister for Foreign and come the leaders are all International Relations in the particularly so —successful“? Policing the election process last government. Lt Gen. by making sure the ballot Merafhe has been re-elected Civic/Voter Education boxes do not disappear is for the third time as an MP done by Botswana Police for Mahalapye W est. Civic or voter education is Service - who guard and insufficient and sporadic. oversee the whole process. Ian Khama , There are no popular literacy All the different braches of his former deputy programmes around the the police: the special-forces commander has just been theme and activity of or the Special Support elected the Vice President by elections. Government has Group, the ordinary Parliament and president in left this activity solely to the members of the Botswana waiting of the party and the IEC to do. The IEC has Police Service, the Special country. Ian Khama‘s kin ”promoted‘ a song, Branch, (now there are also and son of the late Vice —Ditlhopho Di Tsile‘ on the special constables); all these President Lenyeletse Seretse, elections and drama in its have a role in policing is another former member of effort to popularise voting. It elections. Normally they are the military top brass. That is has also mounted a drama on not armed And if they are, Brigadier Ramadeluka elections. W hat is visible they would be armed with Seretse who has won the concerning the voter light rifles on the day of Serowe North East education exercise are little elections. constituency. Another publicised fliers, radio talk general in the pack is Major shows, and television The Commissioner of Police General Moeng Pheto who programmes, occasional has to defend the state, its was MP in the last drama performance and head and the nation. The Parliament and an assistant occasional kgotla meetings. uniformed forces swear their minister. He has also won allegiance to the Head of the seat for Lentsweletau Civic education is limited State. In practice the constituency. Yet another and is presumed to be taking president is the Field former army man is Kitso place within institutions that Marshal and supreme Mokaila, who has just won a are established to pursue commander of the armed parliamentary seat in the limited civic goals, and to forces. He remains president Barolong constituency. mediate or minimise the until the next one has been excesses of governance. To sworn into office and can The BDP has since argued what extent does this happen still call on the services of that soldiers like every other in Botswana? Instead, there his commanders. Motswana, are exercising is increasing evidence to their democratic right of suggest stagnation. Most of Botswana Army Trading voting or being voted for. voter education takes place Fatigues for Political Caps at the freedom square. Controversy over Election Parties seldom hold seminars There is now a special Date to teach their own members relationship between the about the new developments armed forces, the Botswana Up until a month before the in their own policies. Defence Force and members elections, only the President Research is yet to be of parliament of the ruling knew the exact date for the conducted to establish BDP. The first commander October 30 election. The

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Botswana constitution does The Judiciary. Gaborone: Parliamentary Forum Workshop for not prescribe a specific date Government Printer. Parliamentarian. Gaborone Sun, September 2004 for the general election and Republic of Botswana. Electoral this has been raised as an Act . Gaborone: Government Seeletso G, 2004. State of Election issue of concern by the Printer.Republic of Botswana, Preparedness in Botswana; A various election observers 2002. presentation by the IEC to the and monitors in the country Orientation Workshop for Election Report of the Delimitation Observers. Gaborone Sun, and from outside. Commission. Gaborone: Gaborone Sun, September 2004 Government Printer References Rumbidzai Kandawasvika-Nhundu Republic of Botswamna, 1997. The Observing Elections from a Gender Dingake, K., 2000. Phd Thesis. report of the Presidential Perspective. A paper presented at Cape Town: University of Cape Commission on the Judiciary. trhe SADC Parliamentary Forum Town (Unpublished). Gaborone: Government printer. Workshop for Parliamentarians. Gaborone Sun, September 2004. Good, K., 1997. New Democracy SADC Parliamentary Forum, 2001. in Africa by Realising Democracy Norms and Standards for Elections Political Party Manifestos: in Botswana, Namibia and South in the SADC Region. Johannesburg: Africa. Pretoria: Africa Institute of ParkPrtint. Botswana Democratic Party, 2004. South Africa. Election Mnanifesto, Gaborone: Shivji, I., 1988. Fight my Beloved Printing and Publishing Indeprendent Electoral Commission, Continent. Harare: Southern African 2002. Voter Apathy Report. Political and Economic Series Botswana Congress Party, 2004. Gaborone: Government Printer. (SAPES) Trust. Election Manifesto. Gaborone: Botswana Congress Party Independent Electoral Commission, Martmut Hess, 1994. Party Work in 1999. Report To Vice President and Social-Democratic Parties. Bonn: The Pact (Botswana National Minister of Presidential Affairs and Frederich Ebert Stiftung Front, Botswana Alliance Public Administration On The Movement, Botswana Peoples General Elections. Gaborone: Press Council of Botswana, 2004. Party), 2004. Election Manifesto. Government Printer. Media Code of Ethics. Gaborone: Gaborone: The Pact. Frederich Ebert Stiftung. Maudeni, Z., 2004. Society, Politics Media reports: and the State in Botswana. Cape Vengroff, R., 1977. Botswana Rural Botswana Daily News Town: Medi Publishing Development in the Shadow of Botswana Gazette Apartheid. London: Associated Botswana Guardian Molomo, M., 2000. In Search Of An University Press. Botswana Television News Alternative Electoral System For Mmegi/The Reporter Botswana, in Elections and US State Department, 2004. Country Mmegi Monitor Democracy in Botswana, PULA, Report on Human Rights Practices œ Mokgosi Botswana Journal of African Studies 2003 Released by the Bureau of The Midweek Sun ed by Mpho Molomo, Democracy, Human Rights and The Mirror Labor Feb.25, Radio Botswana News Molutsi and Holm(ed), 1989. 2004.http://www.state.gov/g/drl/rls/h Democracy in Botswana. Gaborone: rrpt/2003/27713.htm Various news agencies. Macmillan Sachikonye, L., 2004. Elections and Republic of Botswana. Report of Democracy in the SADC Region. A The Presidential Commission on paper presented at the SADC

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