ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019)

ON THE SIDELINES OF DEMOCRACY: PERSONS WITH DISABILITIES AND ELECTIONS IN

KEKGAODITSE SUPING Department of Political and Administrative Studies University of Botswana , Botswana [email protected]

ABSTRACT

Botswana is one of the much celebrated democracies in Africa. The country holds regular elections every five (5) years since independence from Britain in 1966. Election observers have declared Botswana elections free and fair throughout the country’s electoral history despite the lack of representation and participation of some eligible groups of people such as persons with disabilities (PWDs). PWDs have registered the desire to realise their right to political participation, especially in elections, and no legislative or policy reforms have been effected in their favour. Furthermore, Botswana has ratified neither the United Nations Convention of 2006 on the Rights of People with Disabilities (CRPD) nor the 2007 African Charter on Democracy, Elections and Governance, both of which aim to promote, protect and provide access to PWDs’ right to political participation. Against this background, the article argues that; first, Botswana’s credentials as one of the most democratic states in Africa is flawed and exaggerated without the inclusion of PWDs in the electoral process. Second, the marginalization of PWDs from elections is entrenched in Botswana’s political culture of exclusion; third, the repeated declaration of Botswana elections as free and fair over the past fifty three (53) years, including the October 23, 2019 general elections, has legitimized the exclusion of PWDs. Fourth, PWDs in Botswana are victims of exploitation and ridicule by political parties, politicians and the government. Lastly, the article argues that there is lack of political will in Botswana to effect meaningful reforms to the realization of PWDs right to political participation through elections.

Key words: Botswana, persons with disability, political participation, elections and democracy.

Introduction

Elections in Botswana have been a regular women and youth representation (Bauer phenomena every five (5) years since 2010, Bauer 2011; Maundeni & Suping 1965. Botswana elections are characterized 2013), political party leaders (Makgala by competition of various political parties 2005; ), political party coalitions and for political power, and have been hailed factions (Maundeni 2012; Lotshwao & as free and fair since the first general Suping 2013; Maundeni & Seabo 2013) elections. There is a lot of literature on and electoral reforms (Molomo 2004; Botswana elections focusing on various Maundeni 2007; Mpabanga & Mokhawa topics such as: political party contestations 2013). Furthermore, political parties have (Sebudubudu & Osei-Hwedie 2006; also produced manifestos to lobby various Burchard 2013; Seabo & Masilo 2018); groups of people to vote for them. Until elections (Danevad 1995; Charlton 1993); the 2014 general elections, political

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ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019) parties’ manifestos made no mention of PWDs as a constituency. Various literature This article raises the following has been documented on the: rights arguments: first, Botswana’s credentials as (Dinokopila & Mmatli 2013; one of the most democratic states in Africa Mukhophadhyay & Moswela 2016; is flawed and exaggerated without explicit Pfumorodze & Fombad 2011); statistics inclusion of PWDs in the electoral process. (Mukamaambo et al 2003; Mmatli et al Second, marginalization of PWDs from the 2014); education, health and employment elections is entrenched in Botswana’s (WHO 1980; WHO 200; Dinokopila & political culture of excluding minorities; Mmatli 2013; Moswela & third, the repeated declaration of Botswana Mukhophadhyay 2011; Mpuang et al elections as free and fair over the past fifty 2015; Parsons et al 2015; Shumba & Abosi three (53) years has legitimized the 2011; Shumba & Taukobong 2009), exclusion of PWDs. Fourth, PWDs in exclusion (Ghai 2001a; Mmatli 2007), and Botswana are victims of exploitation and political participation (Suping & Moswela ridicule by political parties, as politicians 2017) of PWDs in Botswana. However, and the government often campaign for the available literature does not give elections in the name of PWDs, but ignore attention to participation and them once elected. Lastly, the article representation, or lack thereof, of PWDs in argues that there is lack of political will in Botswana elections and the impact of that Botswana to effect meaningful reforms on the development of democracy in that can ensure the realization of PWDs Botswana. right to political participation through elections. Drawing from the participatory democratic theory, the paper argues that Botswana’s This article is divided into five (5) democracy is merely theoretical as it sections. The first section discusses PWDs excludes some eligible participants such as and the right to political participation; PWDs from political decision-making. second section deals with PWDs, elections Pateman (1970), making a case for and representation in Botswana; third participatory democracy, argued that section evaluates the right of PWDs to “active participation enables citizens to secret ballot and access to voting; the self-develop, as well as engendering fourth section examines the Botswana’s positive psychological benefits including Independent Electoral Commission and feelings of political efficacy” (Pateman PWDs; the last section assesses 1970:104-105). However, Botswana’s declarations of Botswana elections as free elections have neglected participation of and fair and the electoral reforms. The PWDs and limited itself to empty political article relies on secondary sources of data. rhetoric, through consultations and policy An interpretive analysis of sources was pronouncements on PWDs, all of which employed to allow thick description and have nothing on political participation of the use of narrative form to invite the PWDs or ever get implemented. voices of those involved and to give Participation and representation of PWDs meaning to their experiences, in Botswana elections remains elusive. circumstances and preferences.

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ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019)

appropriate; guaranteeing the free expression of the will of persons with Persons with Disabilities and the Right disabilities as voters and to this end, to Political Participation where necessary, at their request, allowing The right to vote and to be voted as an assistance in voting by a person of their election candidate is an important feature own choice; participation in non- of democracy. Any state that claims to be governmental organizations and democratic ought to protect, promote and associations concerned with the public and provide access to citizens’ right to vote political life of the country, and in the and to be voted. PWDs, like any section of activities and administration of political the population in a state, have the right to parties.” (CRPD 2006:21) participate in elections and politics in general. Various protocols and treaties Furthermore, in Africa, the African have been established at the international Charter on Human and People’s Rights level to protect and promote the right of (ACHPR) and the African Charter on PWDs to political participation. These Democracy, Elections and Governance treaties include, amongst others, the (commonly referred to as the Democracy United Nations Convention on the Rights Charter), calls on African states to promote of People with Disabilities (CRPD), participation of PWDs in the governance International Covenant on Civil and process, and that includes elections Political Rights (ICCPR). Collectively, the (Democracy Charter, Article 31). The afore-mentioned treaties seek to protect the Protocol to the ACHPR on the Rights of rights of PWDs to political participation in PWDs in Africa was introduced by the general, and elections in particular. Article African Commission on Human and 29 of the CRPD on Political Participation People’s Rights in 2014, but only got and Public Life explicitly calls on state adopted in January 2018 and is yet to be parties to guarantee PWDs their political ratified by many African countries. rights and give them equal opportunity with others. Specifically, the Within the framework of both the CRPD aforementioned Article 29 provides that and Democracy Charter, some African states must guarantee the political rights of states made some reforms to their legal PWDs by: and electoral systems to include PWDs. “ensuring that voting procedures, facilities For instance, Ethiopia, Niger and Ghana and materials are appropriate, accessible introduced some measures that promote and easy to understand and use; participation of PWDs in elections, such as protecting the right of persons with the use of sign language interpreters, disabilities to vote by secret ballot in putting elections materials in braille elections and public referendums without format, making polling stations and intimidation, and to stand for elections, to polling booths accessible to PWDs effectively hold office and perform all (Suping and Moswela 2017). On the other public functions at all levels of hand, most African states have entrenched government, facilitating the use of the exclusion of PWDs from their electoral assistive and new technologies where and legal systems, some through silence on

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ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019)

PWDs right to elections and others particular, and public life in general, is explicitly excluded them. In Zimbabwe entrenched in Botswana’s exclusive and Zambia, the Constitutions bar persons political, economic and social systems that with mental disabilities from participating fails to recognise PWDs (Maundeni & in the electoral processes, while in Kenya, Suping 2013; Good 1993). For example, Gabon, Malawi and other states, the same there are few policies on PWDs; the few discriminations are achieved through the policies classify PWDs as patients or Electoral Acts (Centre for Human Rights people in need of health care; access to 2015; Suping and Moswela 2017). Chapter education and employment by PWDs is 2(8) of the Elections Act No.73 of 1998 in almost non-existent; and PWDs are South Africa states that persons declared to discriminated against by the society. be of “unsound mind” or “mentally Various Disability People’s Organization disordered” by the High Court are not (DPOs) have been formed to advocate for illegible to vote. the rights of PWDs. However, their voices are not loud enough to effect any Persons with Disabilities and meaningful legislative and policy reforms Representation in Botswana in favour of PWDs, despite the fact that Botswana is neither party to the CRPD nor the Office of People with Disabilities is the Democracy Charter. The reluctance of situated in the Office of the to sign and ratify the CRPD and the Republic of Botswana. the Democracy Charter, both of which seek to promote the recognition and rights At independence in 1966, Botswana of PWDs to participation in politics established itself as a multi-party especially in elections, leaves Botswana’s democracy. A few parties that were democracy lacking in both participation formed in pre-independence era, amongst and representation. The exclusive nature of them the Botswana Democratic Party Botswana politics, notwithstanding its (BDP), (BNF), celebrations by the international and Botswana People’s Party (BPP) community as one of the most democratic contested the first general elections in states in Africa, is not a new feature. It is 1965 (Edge & Lekorwe 1998; Maundeni entrenched and facilitated by the 2005; Lotshwao & Suping 2013). Several which promotes political parties have also been formed in lack of representation and unilateral the post-independence period to date - decision-making by those in power, some as products of factionalism and particularly the executive branch of others as coalitions (Lotshwao & Suping government (Maundeni & Suping 2013; 2013). The various political parties sought, Lotshwao & Suping 2013; Good 1996; inter alia, to promote citizen participation Good 1997). and representation. However, one of the defining features of all political parties in PWDs in Botswana remain non-existent Botswana over the past fifty three (53) with respect to their recognition. The years is their failure to recognise PWDs as exclusion, lack of protection of PWDs and a constituency that deserves participation their right to participation in elections in and representation in the political arena.

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None of the political parties have accorded Molale lost in the general elections, but PWDs own representation in political found their way to Parliament as Specially parties, public institutions and in public Elected members, rewarded, amongst decision making. Until 2014, manifestos of others, for their loyalty to the ruling party. all political parties made no reference to In contrast, other states such as Kenya and PWDs. There is no information on PWDs Uganda, have used the Specially Elected as voters, election candidates or in political member dispensation to include PWDs in parties’ leadership structures in Botswana. their National Assemblies, although in few One of the PWDs once protested that instances (IDA 2011; Centre for Human “politicians come to us as PWDs saying Rights 2015). we should vote for them and they will be our voice. Once elected, they forget us. Sections 31 and 35 of the Electoral Act do They also see us as people who can only not guarantee the right of PWDs to vote or be represented, but not capable of be elected as candidates. Both sections, representing ourselves or others without although not specifically discriminating disabilities” (Suping & Moswela 2017). against PWDs, assume easy voting of and by PWDs and overlooks various Both the Constitution of Botswana and the administrative barriers faced by PWDs in Acts of Parliament make no reference to their attempt to exercise their right to vote PWDs. Their silence assumes that PWDs such as access to elections material. By have equal access to the electoral process contrast, some African states like Kenya, like those without disability. Although Uganda, Ghana, Niger and Ethiopia there are no specific discriminatory clauses introduced reforms in both their against PWDs in Botswana laws, PWDs Constitutions and Electoral Acts to protect face many challenges and barriers that and guarantee the right of PWDs to amount to discrimination in pursuit of their participate in elections (Suping & right to participation in elections. Section Moswela 2017; Centre for Human Rights 67 of the Constitution of Botswana 2015). provides that eligible residents of Botswana aged 18 years and older may At the public policy level, Botswana take part in elections. This section is not adopted the National Policy on the Care of inclusive enough because of the many Persons with Disability (NPCPD). access challenges that PWDs face such as However, the policy was limited in both its access to polling stations. Section 58 of the scope and purpose. The NPCPD regards Constitution dealing with Specially PWDs in Botswana as patients or people in Elected Members of Parliament that could need of health care and support give PWDs and other minorities (Mukhophadhyay & Moswela 2016). One representation in the National Assembly, of the PWDs even once remarked that, has been used by the ruling BDP to reward “they treat us like pregnant women and the its members who have lost in the general elderly, by making us vote, without elections at both national and local levels. waiting, otherwise there is no support, For example, in 2014, Mephato Reatile, nothing!” (Suping & Moswela 2017). In , Unity Dow and Eric 2010, the Draft Revised National Policy on

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ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019) the Care of Persons with Disability pity by polling officers who are not even (DRNPCPD) was presented to the trained to assist PWDs. In receiving . The revised voluntary assistance from polling officers, draft was advocating for the participation the right of PWDs to secret ballot and to of PWDs in the political processes, express their will through the ballot is amongst others, however it still remains a never guaranteed. It is upon the polling draft to date. Endless efforts to engage the officers to decide whether to assist PWDs government to adopt the policy have been to vote and if they do, such assistance is in met by mere rhetoric that the National terms and conditions determined by the Disability Framework consists of a officers. PWDs are not entitled to National Disability Policy, National assistance of their choice or by those they Disability Strategy and National know and trust to express their will as Disability Law is being developed. PWDs. In case of dissatisfaction with the electoral process, PWDs have no platform The Right to Secret Ballot and Access to for them to lodge their complaints, but are Voting expected to use the standard platform, as Sections 55, 56, 80-87 of the Electoral Act though they have challenges similar to of Botswana accords every eligible voter people without disabilities. In the study on in Botswana the right to secret ballot, Political Participation of PWDs in however, that remains an illusion for most Botswana carried out in 2017, one of the PWDs due to many barriers that deny them PWDs stated that; the right to secret ballot. The “people without disability regard us as aforementioned Act does not help facilitate persons who cannot think for themselves. I the right of PWDs to secret ballot due to and other PWDs have had worst lack of access. According to Suping and experiences during election time with some Moswela (2017:12); people telling us who to vote. This is a “While the Electoral Act does not serious problem especially for the mentally specifically discriminate against PWDs, and visually impaired, because they are technically it does so in several ways: first, expected to trust those people to vote Section 4 of the Electoral Act provides for properly on their behalf” (Suping & the appointment of elections officers such Moswela 2017:16). as; the registration officers, returning officers, and presiding officers. However, Access to polling stations and booths also the Act has no provision for representation remains a challenge for PWDs in of PWDs amongst such officers, thus Botswana (Suping & Moswela 2017). leaving representation to those with Section 5 of Botswana’s Electoral Act disabilities by those without, whereas the speaks to the establishment of polling reverse is never the case.” districts and polling stations, but has no considerations for PWDs and their needs In the absence of the laws that protect the in doing so. As such, PWDs are excluded right of PWDs to vote, some PWDs in from voting since some polling stations are need of assistance never get it. If they get in areas that are inaccessible with assistance, it is an act of compassion or wheelchairs, and polling booths often

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ELK ASIA PACIFIC JOURNAL OF SOCIAL SCIENCE ISSN 2394-9392 (Online); DOI: 10.16962/EAPJSS/ISSN 2454-2997/2015; Volume 6 Issue 1 (2019) higher for those who use wheelchairs participate in elections, either as voters or (Suping & Moswela 2017). Whereas elections candidates. One of the PWDs Sections 48 and 53 of the Electoral Act once queried that, “life of disability is also prescribes the design of ballot boxes expensive, and political campaigns are also and ballot papers, they do not take the expensive. Therefore, imagine combining special needs of PWDs into consideration the two, and spending your own resources by allowing for other formats that are used in the absence of political party funding by PWDs. and disability allowance” (Suping & Moswela 2017:18). There are also no The Independent Electoral Commission mechanisms in place to address the and PWDs in Botswana grievances of PWDs regarding the Botswana has the Independent Electoral electoral process in Botswana. Commission (IEC). The IEC is charged Furthermore, there is no office designated with the responsibility to facilitate, to specifically deal with complaints of conduct and manage elections, but has no PWDs before, during and after elections. powers to facilitate effective participation The IEC addresses elections complaints of PWDs in elections. Sections 65 and 66 without considering whether the of the Constitution of Botswana complainant was disadvantaged by having established the Independent Electoral a disability. The most IEC can do, is to Commission (IEC), with a mandate to make recommendations to the government organize, run and manage elections in of Botswana for electoral reforms that Botswana. However, neither the cater for PWDs and none has materialised Constitution of Botswana nor any other so far despite many of such piece of legislation recognizes the recommendations (Suping & Moswela challenges of PWDs to elections. The 2017). aforementioned have failed to empower the IEC or its Secretariat to put in place The exclusion and disregard of PWDs and measures that can facilitate the their right to participation in elections in participation of most PWDs in elections. particular, and public life in general, is Section 7(16) of Botswana’s Electoral Act systemic in Botswana’s political, fails to guarantee ease of access to economic and societal spheres (Good elections information and materials to 1993; Gossett & Lotshwao 2009; PWDs. It prescribes a standard format and Maundeni & Suping 2013). The statistics print without a provision that allows on PWDs and/or kinds of disabilities in election officers to accord PWDs access to Botswana is crude; access of PWDs to registration and elections materials suitable education; and employment is severely for their use, to both inform themselves limited; political participation is also and to cast the vote. almost non-existent; at societal and/or community levels. PWDs are rejected, ill- Furthermore, despite the challenges faced treated and shunned as nonentities by PWDs, there is no provision in any (Mukhophadhyay & Moswela 2016). piece of legislation in Botswana that entitles them to assistance with funding to

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Free and Fair Elections Declarations PWDs have made their case for reforms and Electoral Reforms in Botswana clear to the government of Botswana. Botswana’s elections have been repeatedly Therefore, the declaration of Botswana declared as free and fair since 1965, elections as fair, as has been the case over notwithstanding the exclusion of the past fifty three (53) years, is flawed minorities, both traditional and new. and violates the rights of PWDs. PWDs in Botswana have been dealt a blow several times by one of Africa’s most Over the years, Botswana introduced some celebrated democracy with respect to electoral reforms such as: decreasing the elections and political participation in voter age from 21 to 18 years, establishing general. According to Suping and the Independent Electoral Commission and Moswela (2017), PWDs have raised their introducing the ‘absentee ballot’ (Molomo concerns about barriers to their 2004); increasing the number of Specially participation in elections through their Elected Members of Parliament; and the organizations, the Office of People with introduction of the electronic voting Disabilities in the Office of the President, machine (EVM) in 2017, although it was and the IEC. Such barriers include, later abandoned through the Presidential amongst others, lack of funds to stand for Directive ahead of the 2019 general elections, lack of disability-specific elections. However, no reforms to legislation, lack of and/or limited access to accommodate PWDs were introduced information and lack of auxiliary services during Botswana’s 53 years of during elections (Suping & Moswela independence. Lastly, the media in 2017). However, their voices attracted no Botswana has also failed to play a attention from the government to effect meaningful role in promoting political electoral legislation reforms. participation of PWDs. Media gives coverage to prominent political figures and Notwithstanding the aforementioned, issues, and passively report on PWDs and several election observer missions have issues affecting them. Despite the many been part of Botswana elections including challenges that PWDs have with respect to the 2019 general elections and all the time political participation, the media in declaring them free and fair despite limited Botswana has failed to rise above the participation of PWDs. There has been no stereo-type attitude of not creating training to election observers in Botswana awareness about PWDs and their rights, to effectively access the inclusion and especially the right to political assistance of PWDs in the electoral participation, even when a person with process. The least that the IEC and the disability stands as a candidate. Electoral Commission Forum of southern Africa (ECF) have done as elections Conclusion management bodies (EMBs) was to Botswana’s reluctance and lack of political appreciate and acknowledge the challenges will to make reforms to ensure inclusion of faced by PWDs in exercising their right to PWDs in the electoral process is vote and to be voted as elections undemocratic and denies PWDs their right candidates (Suping & Moswela 2017). The to political participation and elections. A

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lot still needs to be researched and written with Disabilities. Addis Ababa: African about PWDs in Botswana to promote Union. participation and emancipation of PWDs. Political parties, the Independent Electoral [3] Bauer, G. (2010). 'Cows Will Lead Commission and the government of the Herd into a Precipice': Where Are the Botswana need to make changes in their Women MPs in Botswana? Botswana structures to accommodate PWDs. The Notes and Records, 42, 56-70. Retrieved disability-specific legislation in Botswana from is also long overdue, and is needed to https://www.jstor.org/stable/23237971. address the injustices suffered by PWDs. The perception of PWDs as patients and [4] Bauer, G. (2011). Update on the people in need of care as emphasized by Women's Movement in Botswana: Have the National Policy on Care of Persons Women Stopped Talking? African Studies with Disability is degrading and further Review, 54(2), 23-46. exacerbates the marginalization of PWDs DOI: https://doi.org/10.1353/arw.2011.004 in Botswana. Furthermore, as much as 0. each organization and/or group of PWDs in Botswana has called for the recognition [5] Burchard, S. (2013). You Have to of the rights of its constituents, Know Where to Look in Order to Find It: collectively, disability people’s Competitiveness in Botswana’s Dominant organizations (DPOs) in Botswana are Party System. Government and divided, lack resources, uncoordinated and Opposition, 48(1), 101-126. dependent on the government for funding, DOI: https://doi.org/10.1017/gov.2012.1. thus making their voice ineffective to effect legal reforms in favour of PWDs in [6] Centre for Human Rights (2015). instances where the government is African Disability Rights Yearbook 2015. reluctant to do so. The private sector may Pretoria: Pretoria University Law Press. play a role in assisting PWDs with funding Retrieved from through their corporate social http://www.pulp.up.ac.za/journals/african- responsibility programs. disability-rights-yearbook-2015.

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DOI: https://doi.org/10.1017/S0022278X0 Election and the 1966 Local Government 0021170. Election. Botswana Notes and Records 41, 47-63. [9] Dinokopila, B. R. & Mmatli T. O. (2013). Disability Audit of Legislation and [16] Government of Botswana (1966). Policies Relating to the Education, Constitution of Botswana Gaborone: Vocational Training and Employment of Government Printer. Persons with Disabilities in Botswana. A study conducted for International Labour [17] Government of Botswana (1996). Organisation. National Policy on the Care of People with Disabilities. Gaborone: Government [10] Edge, W. & Lekorwe, M. (1998). Printer. Botswana - Politics and Society. Pretoria: Van Schaik Publishers. [18] Government of Botswana (2010). Draft Reviewed Policy for the Rights of [11] Ghai, A. (2001a). “Marginalization People with Disability. Gaborone: and disability: experiences from the Third Government Printer. World” in Priestley, M. (ed) Disability and the Life Course: Global Perspectives. [19] Government of Botswana (2010). Cambridge: The University Press. The Electcoral Act of Botswana. Gaborone: Government Printer. [12] Good, K. (1993). At the Ends of the Ladder: Radical Inequalities in [20] International Disability Alliance Botswana. The Journal of Modern African (2011). International Disability Alliance Studies, 31(2), 203-230. Contribution to OHCHR Thematic Study DOI: https://doi.org/10.1017/S0022278X0 of “The participation of persons with 0011903. disabilities in political and public life”. Geneva: International Disability Alliance [13] Good, K. (1996). Towards Popular Secretariat. Participation in Botswana. The Journal of Modern African Studies, 34(1), 53-77. [21] Lotshwao, K. (2011). The DOI: https://doi.org/10.1017/S0022278X0 weakness of opposition parties in 0055208. Botswana: A justification for more internal-party democracy in the dominant [14] Good, K. (1997). Accountable to Botswana Democratic Party (BDP). Themselves: Predominance in Southern African Journal of Political Science and Africa. The Journal of Modern African International Relations 5 (2), 103-111. Studies, 35(4), 547-573. Retrieved from DOI: https://doi.org/10.1017/S0022278X9 https://academicjournals.org/journal/AJPSI 7002553. R/article-full-text-pdf/5FDD08440524.

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