ELECTION UPDATE 2004

number 1 14 October 2004

contents Introduction 1 Constitutional & Legal Framework 2 Constitutional Provisions 2 Botswana Independent Electoral Commission 3 The Judiciary 4 Electoral System 4 SECTION TWO Pre-Election Political Setting Review of Previous Elections and Election Results 5 Political Parties 6 Voter Apathy 7 Media and Elections 8 Civil Society 10 Donors 10 Primary Elections 10 Election Conflict and Management 11

Compiled by

Keineetse D. M. Keineetse

EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima

Published with the assistance of NORAD and OSISA

Introduction government. The government of political playing field, and co- Botswana is known for having opted civil society, manipulation On 3rd September 2004, the conducted successive free and and intimidation. Many President Festus Mogae fair elections and promoted the Botswana citizens approach the dissolved Parliament to pave way notion of the Rule of Law. This national elections due in October for the ninth general election is direct opposition to some of with increasing disillusionment expected to take place in October the other countries in the SADC and a feeling of boredom and this year. Botswana has held that have been torn apart by deja vu at the certainty and eight successive national internecine strife, weak rules and predictability of an elections over the past 38 years procedures of the electoral overwhelming victory (expressed without producing a change of process, the absence of a level as landslide victory) by the ruling election update 2004 Botsw ana number 1

party. The previous elections political scene, is asked to respect The Constitution of Botswana have been declared as free and the Constitution because it was provides for and safeguards basic fair though opposition parties drawn up by his Chief. In no civil and political rights including have always refuted this countries are constitutions ever freedom of association, assembly, allegation. determined by entire populace but at movement, conscience and least they are discussed and prohibition against arbitrary arrest, There will be twelve (12) mandates are given so that when a well as enjoining a multiparty political parties contesting the document of such magnitude is democracy based on regular, five 2004 election. These include the finally put before the people it has yearly, free and fair elections It rests all-powerful ruling Botswana also been informed by their the power to call elections with the Democratic Party (BDP). There expressed wishes. Unless this is President. It also provides for a is also the one time formidable done, the documents will not have unicameral legislature of the and leftist Botswana National much meaning to the citizens. The Westminster type whose members Front (BNF) that over its long Botswana Constitution, unlike the are elected through a majoritarian or life as the main opposition party, Zimbabwean, South African and winner takes all First Past the Post has sired six splinter groups. Namibian Constitutions, is a Electoral System (FPTP). More These have hived off with creation of colonial power, neither specifically, the Electoral Act considerable following. The rest created by the people through a specifies how elections are are mere ballot spoilers who referendum nor by a constituent conducted, who is eligible to contest may not field candidates in five assembly. and vote but is silent on specifying constituencies. Of the six BNF the date of elections in advance. Its off-shoots, the Botswana In his seminal doctoral thesis, Oagile determination is a secret known only Congress Party seems to be the Key Dingake examines the extent to to the Botswana President, unlike party to watch. which the existing legal and the practice in other countries. constitutional framework in Constitutional and Legal Botswana facilitates free and fair Botswana’s general elections up to Framework elections, Dingake argues that; 1989 were conducted and managed by the Permanent Secretary in the According to Dingake, although Electoral regimes and election Office of the President and were Botswana inherited a Westminster results of a country are shaped by open to all citizens who had attained model of colonial government, it the political and economic the age of 21. Throughout this operates a presidential – Westminster development of that society. In period, there was also a new system of government. ‘In terms of Botswana, democracy and the phenomenon evidenced by a marked the constitution, the President is both electoral process in particular, increase in the number that joined the head of government and state, have been shaped by among the opposition. Opposition showing something quite alien to the others, history, economic through the succeeding elections Westminster system of government.’ development and the legal system. also meant that the ruling Botswana (Dingake 2000.) Prior to independence, Botswana Democratic Party could not forever was ruled by chiefs. With reject calls by opposition for The Botswana government refers to independence, elections were used electoral reforms. the Constitution of the country as if to transform the monarchical it were a sacrosanct document of politics into republican politics laws cast in stone and entirely through the election of the political The period 1989 to 1994 saw the inviolate, as the document that leadership. The political establishment of the Office of the defines Botswana’s nationhood. In leadership was elected to the Supervisor of Elections. The Setswana, the Constitution has been national assembly and hereditary incumbent became controversial as translated into ‘Molao Mothe’ rule was confined to the house of the opposition rejected him as a card literally, a law that establishes all chiefs. (O.K. Dingake 2000 p.50) carrying member of the ruling party laws. Important questions as to how who had previously unsuccessfully the Constitution was determined or This says nothing of the very real contested that party’s primary who actually took part in its safeguards against abuse and elections. After the 1994, good construction, and which sections of tyranny by the state and its apparatus showing by opposition forced the the society or what different types of that the Botswana Constitution government to make further class interests were represented are bestows on ordinary citizens. concessions and consider certain hardly ever raised. The ordinary electoral reforms. Constitutional Provisions man, who was not a participant in Article 66, Section 1 of Constitution either the local or international of Botswana established a

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Supervisor of Elections whose duty registration as a voter or was born in of opposition parties at the All Party it is to exercise jurisdiction over the Botswana and domiciled in Conference and went ahead to registration of voters for elections of Botswana in the date on which he appoint the current members of the the Elected Members of the National applies for registration as a voter. IEC. Assembly and preside over the conduct of such election. Section 2 It is important to allude to the Section 3 explains the All Party of the same article made the fact that unlike in most of the Conference to mean ‘a meeting of Supervisor of Elections a SADC countries where election all registered political parties presidential appointee. Section 3 and dates are known in advance, convened from time to time by the 4 established who may or may not Botswana's election date Minister. While section 4 stipulates be appointed to the position. remains the top secret of an all- that the first appointments of the powerful State President with Chairman and the Members of the Section 5 defined those people that excessive and sweeping Commission shall be made not later the Supervisor could from time to executive powers, until just days than 31st January, 1999, and time, instruct to carry out his before the event. The declaration thereafter subsequent appointments decisions, while Section 6 of an election date is deemed a shall be made at the last dissolution establishes to whom the Supervisor presidential prerogative of every two successive lives of is answerable. Section 7 states ‘In Parliament.’ the exercise of his functions under The Botswana the foregoing provisions of this Sections 5 to 7 stipulates the tenure section, the Supervisor of Elections Independent Electoral of office of the Chairman of the shall not be subject to the direction Commission (IEC) Commission as well as establishing or control of any other persons or who may be appointed and what authority. Sections 8 to 11 Following the 1997 national conditions such appoints are subject established conditions under which referendum, major electoral reforms to. Section 8 states: ‘The the Supervisor of Elections may be were instituted. These were realised Commission shall regulate its own removed from office’. in the 1997 Constitution procedure and proceedings. Section Amendment Act that provided 9 to 11 establishes the commission’s Traditionally, according to Good among others that: procedure. While section 12 (1997:3), the purpose of the (1) There shall be an establishes the commission’s Supervisor of Elections is to ensure Independent Electoral Commission mandate as; responsible for: that national elections are properly which shall consist of – carried out countrywide and was (a) a Chairman who shall be a the conduct and supervision of appointed and reported solely to the judge of the High Court elections of the Elected Members of President, while the Chief Justice, appointed by the Judicial the National who is similarly appointed only by Service Commission; Assembly and members of a local the President, is ‘required to act (b) a legal practitioner authority, and conduct of a administratively, and - perchance appointed by the Judicial Service referendum; politically - as returning officer Commission and (a) giving instructions and during the indirect election of the (c) five other persons who are directions to the Secretary of the President’. The Chief Justice fit, proper and impartial, appointed Commission appointed under receives petitions challenging the by the Judicial Service Commission section66 in regard to the exercise of validity of any election candidate from a list of persons recommended his functions under the electoral law and his decision thereof is final and by the All Party Conference. prescribed by n act of Parliament: cannot be challenged in a court of (b) ensuring that elections are law. Section two of this same Article conducted efficiently, properly, states that where the All Party freely and fairly; and Article 67 defined the person of the Conference fails to agree on all or (c) performing such other voter as follows: S/he may be a any number of persons referred to in functions as may be prescribed by an citizen of Botswana or of any other subsection (1) (c) of this section up Act of Parliament. country to which this section is to dissolution of Parliament, the applied by Parliament. He or she had Judicial Service Commission (JSC) The last section states that the to have attained the age of 21 years shall appoint such person or persons Commission shall on the completion had either resided in Botswana for a as are necessary to fill any vacancy. of any election conducted by it, continuous period of at least 12 Later on we shall discuss how this submit a report on the exercise of its months immediately preceding the clause was recently used when the functions under the preceding date on which s/he applied for JSC disregarded a massive walk out provisions of this section to the

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Minister for the time being independently of each other. Section constituency representative. Those responsible for matters relating to 103 (1) states that there shall be a suggesting an alternative electoral such elections, and that Minister Judicial Service Commission for system maintain that the first-past- shall, not later than seven days after Botswana which shall consist of: the-post system is flawed in that it the National Assembly first meets does not regard the ‘no’ vote. after he has received the report, lay (a) the Chief Justice, who However the proponents of this it before the National Assembly. shall be Chairman system say it ensure a strong (b) the Chairman of the government and that members are Section 66 of the Constitution is thus Public Service Commission of such more accountable to their electorate changed by substituting for it by the other member of that t h a n i n other systems since their following: Commission as may for the time success is dependent very single being be designated in that behalf by vote cast. This system was there shall be a Secretary to the the Chairman of that Commission. bequeathed to the country by the Independent Electoral Commission (c) one other member who departing colonial administration in referred to in section 65A. shall be appointed by the Chief 1965 and has stayed intact to date. 1) (a)the secretary shall be Justice and the Chairman of the Recently, opposition political parties appointed by the President. Public Service Commission acting and civic society members have (b) the functions of the together. called for electoral reforms Secretary shall, subject to the Sub-section 4 of that article states suggesting proportional directions and supervision of that the Judicial Service representation as an alternative the Independent Electoral Commission shall not be subject to electoral system. The ruling party is Commission, be to exercise the direction or control of any resisting calls for any reform in this general supervision over the person or authority in the exercise of regard. registration of voters for its functions under this Constitution. elections of – The 1996 Report of The Presidential Evolution of the (a) the Elected Members of the Commission on the Judiciary notes National Assembly; and with good reason that: Botswana Electoral (b) the members on any local System authority and over the conduct of We are informed that the names of such elections. the chairman and of the other The evolution of Botswana's members of the Commission are electoral system can be explained Sub-sections 4-5 are disqualifying never gazetted or otherwise in three phases. The first was the clauses in that they set limits, they published. We believed this is not immediate post independence era lay conditions by which one is good enough. We believe very from the 1960s to the early 1980s disqualified from appointment to the strongly that the general public when the elections were post of the Secretary. For one to take should be made aware, not only of conducted at all stages by the this post they must take and the existence of the Commission, government by a civil servant subscribe to, the oath of allegiance, but that the names of those who called the Supervisor of as may be prescribed by Parliament. make up the Commission should Elections. The Supervisor was a In a case where one party dominates be adequately made known to the political appointee and appointed Parliament this would be interpreted public. by the President of the ruling to mean the party of state and its party. By extension, suffered this President. Electoral System position suffered a conflict of interest as the incumbent was a Another millstone amendment was One of the major legal instruments referee and a player as the same an amendment to Section 67 of the in determining how free and fair time. The practice of police Constitution, by reducing the voting elections are conducted, is the transporting ballot boxes from age from 21years to 18. electoral process and rules and the polling stations to a central procedures pertaining to the conduct counting station, leaving election The Judiciary of such an election and how staff and party minders behind outcomes are arrived at as a result. remains a major concern among Over many years in Botswana, there Botswana’s electoral system is best politicians. In the past, this has been official insistence on the described as first-past-the-post practice fuelled violent clashes separation of powers between the (FPTP) or the single member between party supporters and the different arms of the state. The constituency system where a simple police. Executive, the Legislature and the majority is enough to return a In consequence, the opposition Judiciary are said official to function candidate to Parliament as advocated electoral reforms

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which included among others, Parliament. For instance, the ruling for the purposes of matching the the counting of ballots at the BDP commanded 54.5 and 57 popular vote with the percentage of polling centres rather than percent during the 1994 and 1999 seats won (IEC: 2002:76) transportation to a central general elections, but received a counting station raising fears that disproportionate 68 (27 seats) and In Botswana however, there is no ballot boxes and thus allaying 83 percent (33 seats) of the seats consensus among important fears that they are swamped and respectively. By comparison, the political players and stakeholders generally interfered with in the BDP's nearest contender, the on the integrity and fairness of the process. They also demanded the opposition BNF scored 37 and 26 electoral process which has in the establishment of an Independent percent of the votes in 1994 and past led to many successful court Electoral Commission (IEC), 1999, but obtained only 33 (13 petitions protesting cases electoral continuous voter registration, the seats) and 15 percent (6 seats) of fraud and irregularities. In other reduction of the voting age from the seats in Parliament instances, the cases were dismissed 21 to 18 years, the absentee respectively. The other opposition on a mere technicality by the ballot, and proportional party, the BCP, captured 12 percent courts. representation (PR) and limited of the popular vote but received 2 tem of office for the President. two percent (1) of the seats in In spite of regular elections, The government finally acceded Parliament. Molomo shows that questions are being asked as to to these demands in 1998. These had proportional representation had whether Botswana's electoral also entailed the problem of been operational rather than First process advances the cause of gerry-meandering where rural Past the Post or winner takes all democracy or whether indeed, the and urban constituencies were electoral system, the number of elections are free and fair. lumped together in what the seats based on the percentage of the Numerous public complaints opposition perceived as the popular vote would have been already abound as in the past that dilution of their urban stronghold entirely different. He asserts that the rules are not fair, which means with ruling party bedrock support the results show the disproportion that while Botswana elections in the rural areas. Concerns also created by the FPTP system and might be free they are certainly not included incidences of polling the unfair advantage it bestows the fair. Such complaints of have stations located in private farms ruling party to the detriment of the include cases of voter trafficking, where allegedly, farm workers opposition. In the 1989 elections, long queues at polling stations were intimidated to vote for the the BDP won 31 of the 34 seats (or which discourages thousands ruling party and the opposition 91 percent of them), even though it against casting their votes, a were denied access. This was the only commanded 65 percent of the fraudulent voters roll where glaring second phase of Botswana's popular vote. Had the seats been discrepancies are unaccounted electoral system. allocated in proportion to the often with the number of voters popular vote, the outcome would exceeding those registered to vote. The third phase has involved have reduced the BDP's 31 seats to These are both present and consolidating previous gains in 22 and the combined poll of the historical instances of the reforming the electoral process. opposition would have risen to 17 unfairness of the electoral process. Here major concerns are that the seats, rather than only three (3). Many votes are still wasted and adoption of the proportional Academic researchers such as thousands of ballots rejected at representation system, based on Molomo, have concluded that every election, with a total of 17 results of previous elections, Botswana's FPTP electoral system 483 disqualified during the 1999 showed that many constituencies has been found wanting in elections alone (IEC, 1999: 23). (at least 18 of them) were marginal significant respects [and] empirical and were not safe, so much so, that evidence suggests that it is the least Section Two voting behaviour could swing democratic electoral system. Its Pre-election Political Setting results either way. In many such winner-takes-all practice distorts constituencies, the margin could be electoral outcomes, and often Review of Previous Elections as low as 13 votes as in Ngwaketse produces minority governments. and Election Results West, Okavango and Letlhakeng. The system does not match the Moreover, it has also become clear actual popular vote with Botswana seems to be the only that there was a serious representation and seats captured in country in the world where the discrepancy between the popular Parliament (Molomo, 2000:118-9). process of political independence votes commanded by each party, The IEC on the other hand, has has also implied a conscious effort which is disproportionate to the also recommended that Botswana to de-politicise of the common numbers of seats captured in should revisit its electoral system citizenry.

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(Manifestos, Factionalism Until the 1994 general election, within Parties, Political Party On Botswana’s downside is its Botswana was effectively a one- Financing etc) extremely high level of social party state. In all elections prior to inequality. These social that date, the Botswana Democratic inequalities which emanate from Some recurrent political issues in Party (BDP) had attained over Botswana’s elections include class social relations of production and seventy percent of the seats in differentiation, poverty and wealth, distribution embedded in a National Assembly. During that time crime, unemployment, health, capitalist system are systemic the ruling party was able to keep education, relevant education rather than aberrant. As far back as opposition from Parliament. In 1994 unemployable workers and skewed 1974, the Rural Income however, the opposition Botswana incomes. Distribution Survey carried out by Nation Front (BNF) caused a major the Central Statistics Office (CSO) upset when it won 13 of the 40 All the major political parties have revealed that the poorest 40 contested seats. This created a issued manifestos that attempt to percent of households in Botswana semblance of a two party address these issues. The BDP had less than 12 percent of the democracy. In 1999, however, manifesto reiterates the national income, whilst the richest following a split within the BNF, the achievements of its party over the 20 percent had 58 percent of the BDP recaptured six of the seats it last 38 years of its rule. The miracle national income. The Gini- had lost. In the post 1999 scenario, of the diamond boom and the coefficient, the measure of relative the BDP is still the dominant party country’s story of from rags to inequality was 0.52. In 1985, the in Parliament with 33 elected riches is its recurrent theme. It’s CSO conducted a more members, plus a further four tried and tested track record is often comprehensive income distribution specially elected and a President touted as the main reason why it has survey, the result of which who does not have to contest an been or should be, returned to revealed that the income share of election directly against the BNF’s power. On the cover of this year’s the poorest 40 percent had six and the BCP’s one. declined to 10.7 percent whist that glossy manifesto the ruling party says ‘there is still no alternative’ to of the richest 20 percent had gone The BNF‘s electoral gains were its rule. But what are the up to 61 percent. The Gini- soon reduced to five by inter-party implications of it continued rule? coefficient was 0.56, up by four strife. This led to another break In article entitled: Botswana: An points from the 1974 level. They away and the departure of the BNF survey further revealed that about African Miracle or a Case of ideologue Kenneth Koma to the Mistaken Identity published in 2003 74 percent of urban households New Democratic Front NDF. The by Pula, a journal of the University had an income of less than P500 NDF will contest its first election of Botswana, Monageng Mogalakwe per month. In 1994, the CSO this year. About half of all political argues that discussions of conducted yet another income parties contesting the election can Botswana’s ‘success’ story often distribution survey and the results trace their ancestry to the BNF. The ignore issues of class differentiation revealed only marginal decrease history and the reasons for party and the conflicting social relations between the rich and the poor in splits could be the subject of a that they entail, whereas Botswana’s Botswana. According to this complete political study. Though post-colonial economic development survey, the income share of the there is much mistrust between the is really a class project. poorest 40 percent now stood at different parties, three of the twelve 11.6 percent whist that of the parties contesting this election will In a country like Botswana where richest 20 percent stood at 59.3 enter as pact; the BNF, Botswana private capital accumulation is percent, and the Gini-coefficient Action Movement, and Botswana seen as the best way of securing was 0.537.(Mogalakwe. Independence Party. Unfortunately social production and 2003.p84.) the pact does not include reproduction, classes emerge in Botswana’s third largest party; the their wake, and class conflict This year’s election has an added BCP. arises because of the relations of issue of the national vision 2016 that production embedded in the promises Batswana a much Maudeni (2004) states that judging process. improved quality of life. The BDP by the results of the last two manifesto declares that it is inspired parliamentary elections Botswana Mogalakwe’s major contention is by this national vision, forcing the has effectively, a weak two-party that the country’s economic main opposition BNF to reject the system. growth and structural vision as an impractical set of Political Parties transformation did not take place platitudes and nothing else but a in a vacuum. mere campaign ploy. The BNF

6 election update 2004 Botsw ana number 1 argues that eight years into the some reason the BDP, probably and seek to be elected into office vision the government has not even because the party has more for personal aggrandisement (go changed its mind set, as indicated by resources at its disposal to appease ikhumisa) rather than public the BDP’s refusal to fund all disgruntled members, and has little interest, leading to widespread political parties for electioneering. to worry about from a disunited prevalence of voter apathy (IEC, opposition, they have the time to 2002:81). Mfundisi (in Mmegi, The BNF manifesto combines the make amends. 27 .8.2004: 2; 7) states that the politics of all the pact members with majority of eligible voters are the result that it has toned down its The main opposition BNF has distrustful of politicians because socialist rhetoric, perhaps signalling tended to splinter with every wave they serve their own rather than an important new departure from its of factionalism. Today, of the 12 national interests and such doctrinaire politics to something of parties contesting elections, six are negative views are not healthy akin to social welfare-like politics BNF splinter groups. Even after the for the country's democracy. but also on a practical level to recent fall out with the former party Parties are based on personalities accommodate its pact members. The ideologue, Dr Kenneth Shololo and out of touch with the voting BNF-led pact identifies poverty, Koma with his NDF, the new BNF public. Voters, sampled by both unemployment, national unity, the President Otsweletse Moupo has the IEC and in the University of differences between the poor and the already fallen out with his vice, Botswana Democracy Research rich, greed and corruption by the Conference Lekoma. Project this year, found that ruling elite as its major election voters distrusted politicians issues. On these issues there is little The BCP has not yet embarked on because of political scandals and difference between the BNF and the factional fighting, though it has corruption with lack of BCP. witnessed some of the most bizarre accountability and transparency incidents of members returning to in government and among Both the BDP and the BNF have their former party (BNF) and to corrupt politicians with the been plagued by the emergence of become the most vocal anti-BCP distinction between private and the factionalism that flared up to members of the BNF. The party’s public resources obliterated absorb both political energy and first President, Michael Dingake, (Mfundisi, 2004; Good 2003; material resources. At beginning of perhaps fearing for the good of his IEC, 2002). this year newspapers in Botswana name, went through only one term in devoted disproportionate space to office and passed the baton of Literature has also drawn discussing the different factions leadership to a much younger attention to the problematic within the BDP. News leaks of Keosaletse Otlaadisa. nature of Botswana's economic diatribe directed at different growth evident in the widespread members of different factions were Four parties have successfully poverty and insufficient common. Prominent was a feud presented their nominations as diversification as well as the between the then BDP national presidential candidates. These are elitist, paternalistic nature of chairman the influential PHK F.G. Mogae for the BDP, Otsweletse Botswana's politics and policy Kedikilwe and the son of the first Moupo for the BNF led pact parties, making process (Danevad, President, Major General Ian Khama Otlaadisa Keosaletse for the BCP 1999:381). Molomo cites the Seretse Khama. Kedikilwe was and Dick Bayford for the NDF. disillusionment that dominates trying to thwart contest for the party predominantly in the one party chairmanship while Khama posed as Voter Apathy dominant political system, where the reformer and the presidential the electorate is unable to vote protégé. President Festus Mogae Empirical evidence also indicates the incumbents out of power. who had transferred Ian Khama that most eligible voters are from the barracks into the State increasingly disillusioned with Research indicates a general House came out in full support of politics, not only due to the sense of malaise and the new claimant against an old predictability of election dissatisfaction with the political rival. At their Gantsi contest, outcomes. The election system and politicians. The Kedikilwe suffered a humiliating managment body in Botswana, fundamental worry according to defeat at the hands of Ian Khama the Independent Electoral Molomo, is that if people do not and was left in the cold for a while Commission says voters are not trust political institutions and before he was recently restored but convinced by quality of politicians, which also suggests as junior partner in the election race. representatives who cannot lack of trust in the manner which For the BDP, however, there are no deliver, are self-centred, make democracy works. If this happens losers. They fight as a family. For false promises to win elections over an extended period of time,

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‘then they may be disillusioned the rules of the game allow the More and more potential voters with democracy as an ideal. The party they support to win are refraining from exercising critical issue to appreciate in the elections, indicating their vote, with the IEC survey in evaluation of democracy is that, responsiveness of the institutions 2002 concluding that voter increasingly citizens are able to to their needs and trust in the apathy in Botswana ‘is less separate support for democracy political system. If however, they about encouraging those who as an ideal form of government feel that the party they prefer registered to vote, but more and the evaluation of government persistently loses over successive about encouraging those who in power’. Molomo maintains elections, they are more likely to have not registered to register’. that the cumulative experience of feel excluded from the decision More people end up not voting winning or losing elections making process, producing because they had not registered shapes peoples’ perceptions and dissatisfaction with the political at all and not because they attitudes towards a political institutions (Molomo: 2004). registered and then lost interest regime and form an opinion that (IEC, 2002:4-6).

Source: IEC, Botswana

Media and Elections operates in Botswana is inhibitive of become questionable, with public press freedom’, Dingake maintains. demands for the state media to Research indicates that in Botswana, become public rejected by the state. government media comprising the Much controversy surrounds the Government threats to stop free daily newspaper, two radio perceived monopolisation of access advertising in the private media stations and the national television, to state media by the ruling party to deemed critical of the state is enjoy a dominant role as the main the detriment of the opposition. common, with many foreign sources of news and political According to the US Sate journalists having been deported information for the majority of the Department’s Country Reports on from the country under the National citizens. This is because they report Human Rights Practices for the Year Security Act. This legislation denies in the vernacular while the private Ending 2003, ‘the government the deportee the right to defend and press plays a limited role in this continued to dominate domestic challenge the deportation order in regard due to cost considerations broadcasting and limited freedom of court or to provide reasons for such and the use of English language the press’. The US government deportation. According to the US spoken by a relative small section of maintains that Botswana State Department report, ‘the court the population. According to Oagile government not only limits freedom was unlikely to render a decision (by Key Dingake (2000:244), the media of the press, but also continues to the Vice President) on whether the in Botswana is predominately dominate domestic broadcasting and government 2001 ban on advertising government owned and controlled. occasionally censor stories and news in the Botswana Guardian and the He maintains that government media sources deemed undesirable. Midweek Sun constituted an has an extensive network of unconstitutional suppression of journalists countrywide while in The radio remains the most speech and of the press’. According contrast the independent press important medium of public to Good (1997:7), ‘a variety of legal suffers from a weak capital base, communication and state-owned instruments exist, which the state restricted access to advertising and media supported government can use to restrict information and threats of litigation. ‘The legal policies and actions. The editorial control opinion’. The state can resort environment under which the media independence of both the to the use of Section 7 of the government and private media has Immigration Act to control

8 election update 2004 Botsw ana number 1 information perceived to be acceded in time to government’s party were not perturbed since politically sensitive. The Penal Code demand for a self regulating body government could still be relied on on Sedition, Defamation and and formed the Press Council of to buy influence in one way or Contempt can be invoked against Botswana to discipline errant another. In a narrow mineral any persons, encouraging active self journalists. dominated economy, the censorship on the part of the media. government remains the single Similarly, the National Security Act Opposition parties have viewed largest buyer of goods and service. has been utilised to make the Boyce Sebetela’s cancellation of This gives government publication of any information Masa-a-sele phone in programme as unprecedented powers of control. It regarded by the state as classified or another infringement by a was this power that was secret, a criminal offence (Otlhogile, government official on fundamental demonstrated when government 1994:12). right of citizen to information and withdrew advertisements from the choice. But recently, as if to make Guardian to punish dissent. Today Botswana’s independent media has some sort of amends in the we hear that the ruling party found experimented with forthright remaining days before the 30 other ways in which to rein in reporting, at least within that October election, contesting political members considered hostile. One particular context that this country party representatives now have independent newspaper editor is said presents. The media, specifically access to a talkshow radio to have been given a lucrative the independent print press, has been programme. Michael Dingake of the contract to produce publicity at the forefront in exposing major BCP welcomes this development as materials for the ruling party. national scandals involving senior giving opposition parties a little ministers of government. The state more chance to state their case. Mmegi newspaper, a daily has reacted in different ways to this publication and also publishes the watchdog role. Initially government Whereas early Botswana weekly Mmegi Monitor, has had took a confrontational path, administrations have tended to use clout as a critical newspaper. threatening and jailing journalists, threats of brutal force, incarceration However this publication was made hounding others into deportation and and deportation, the present the target of vicious attacks by the declarations of PI status. Many of administration seems to have learnt government. When, after several the editors of the early independent well an important lesson of the years, donors decided to withdraw press were harassed through futility of confrontation with the from funding the paper, it was deportations. Though the Botswana media. Government now seeks forced to make a critical evaluation government has no formal policy on ‘cooperation’. Editors are sometimes of how to sustain itself in a hostile censorship, it still sets real limits of called for briefing by the President. environment. It is perhaps for this the extent to which press freedom One of the achievements of these reason that the paper has toned down can be pursued and realised. briefings has been a more relaxed its criticism of the government. Botswana has, for instance, the relationship between government Business considerations do seem to National Security Act referred to and the media. The Botswana dictate even editorial policy. above that makes completely Guardian that used to publish unavailable and even illegal, to seek unflattering pictures of President Guardian Group information on certain topics Festus Mogae has been prevailed thought of as comprising issues of upon to accept that this was not a The Botswana Guardian and its national security, such as figures and patriotic practice. Government even sister publication have been special audits on army spending. seems to exert its full weight targets for punitive action, such as Government levies heavy penalties insidiously and in a more salient withdrawal of advertisements by the for contravening or publishing on way to keep the media on its side. state, for ostensibly reporting such issues. For defaulters, long Individuals within the ruling party negatively on senior members of the periods of incarceration are the have tried to acquire shares the BDP and its government. The result. Botswana Gazette. The managing Guardian successfully challenged editor Clara Olsen says she resisted the government in court, but then the Recently the media, especially the her publication being turned into a courts cannot instruct government independent press, forced the party mouthpiece. One of the share on with whom to do business. minister responsible for information, holders in that paper however, science and technology to back remains the all powerful Satar Dada The Botswana Gazette also has had down on the proposed media bill of the Toyota franchise fame. a dubious history. It is now jointly which had been described as owned by Clara Olsen and Satar draconian and inhibiting the already When efforts to directly buy into the Dada. Clara Olsen, though limited press freedom. The press media failed, members of the ruling sometimes critical of government, is

9 election update 2004 Botsw ana number 1 a onetime specially elected Member The paper is authoritative as the guarantees that they stay longer in of Parliament and member of the government publication. their positions. All opposition ruling BDP. Dada is the BDP parties lament the fact that the BDP treasurer and also an especially The BTV is always able to flash money and elected Member of Parliament. In use it to buy elections. ‘The BDP other words, on partisan politics the The national television covers each can afford all these because as a paper is more likely to carry the and every occasion officiated by the party they decide who wins or loses views of the ruling BDP. The President and his Vice. This, it is in business. They get generous Media Institute of Southern Africa said is in line with protocol donations from the business tries to remain vocal solely on issues established by government. No community that shies away from of press freedom but maintains an distinction is made at times when the funding opposition for fear of aloof stance on anything to do President or his Vice act in their victimisation. When we floated our partisan politics. narrow political party interests. party (BCP) budget for elections for Opposition leaders on the other funding which reflected that the Government Media hand, are denied coverage. However party needs about P4 million to carry this position is softening with the through the elections, all we The Botswana government operates countdown to elections received were kind apologies from two radio stations RB1 and RB 2 CEOs that claimed they did not have that can be received in most parts of Civil Society such budgets. Yet we know that the country. The other two radio most of them are pouring money stations, Gabz FM and Ya Rona FM Botswana’s civil society has been into the BDP campaigns’, says are small and generally apolitical. described as weak and apolitical. At Michael Dingake the first President They were begun by people with times there is no clarity as to who of the BCP. Besides which, the good connections to the government. qualifies as civil society. For BDP also has some real assets, a The two government radio stations purposes of this discussion we will state of the art Headquarters that was are controlled by minister concern ourselves with primary for many years rented to the responsible for information science players that have contributed to Ministry of Tourism and Wildlife and technology and report mainly on democratisation of Botswana and is currently rented to Mascom, government initiatives and politics. These, as Maudeni notes, brings in a substantial income. In the viewpoints. Until recently, include opposition political parties, last general election, as in the 30 government media has largely NGOs, church organisations, media, October 30 election, the BDP has carried government perspectives, women’s coalition, trade unions, been given a fleet of vehicles, much to the exclusion of the views teachers’ organisations and enough to cover every single and opinions of opposition parties. academics, all of whom have exerted constituency in the country by Satar Government minister Major General pressure on government to change Dada, the party treasurer and motor Mompati Merafhe has gone on some aspects of governance. Just as vehicle tycoon who, as previously record as saying people should the civil society has tried to reform mentioned is also a specially elected understand that his was not a government, government too, has Member of Parliament. Opposition coalition government and all the changed the whole concept of civil politicians say Dada‘s donations other parties that wanted to be heard society. may prove to be a debt to society as could wait until they form a he will expect the emerging government. Donors government to patronise his businesses. Big business generally The BDP has resisted all calls for The Botswana Daily News patronise the BDP government; the state funding of the political parties allegation that in the 1999 general in the country. At same time, it is election De Beers (diamond mining The Botswana Daily News is only the BDP that is certain of company that controls Botswana undoubtedly the most widely read massive donations of cash and in diamonds) paid US$ 500 000 (2.4 paper in the country. Botswana kind. Council and Parliamentary million Pula) to cover the BDP government has for the last 38 years candidates say it is prohibitively election costs, makes sense in this issued the paper daily for free. In expensive to run for elections. Here regard. most parts of the country, the Daily even the newer candidates for the News remains the newspaper. With a BDP agree that the call by Primary Elections print run of about 65 000 daily, the opposition party for a state funding Daily News was the only national of political parties makes sense. It is Intra-party primary elections have daily until early this year when only the higher echelons of the BDP now become an established norm Mmegi Newspaper also went daily. that are resisting this electoral within political parties even though reform because incumbency this has not lessened acrimony when

10 election update 2004 Botsw ana number 1 people vie for the same constituency Group which is a crack constabulary Martmut Hess, 1994. Party Work in or ward. In fact, it would seem that only answerable to the President. Social-Democratic Parties. Bonn: primary elections have been They are perceived as the political Frederich Ebert Stiftung Press Council of Botswana, 2004. responsible for major strife within police. From past experience, the Media Code of Ethics. : political parties. While opening Botswana government would also Frederich Ebert Stiftung. individual political parties for more not shy away from using the army. Vengroff, R., 1977. Botswana Rural participation by aspiring members, Development in the Shadow of political observers note that, primary References Apartheid. London: Associated University Press. elections have not helped women Dingake, K., 2000. PhDThesis. Cape ascend to positions of influence Town: University of Cape Town US State Department, 2004. Country within political parties or even fill (unpublished but accepted). Report on Human Rights Practices – 2003 Released by the Bureau of the 30 % quota of candidates in the Good, K., 1997. New Democracy in national elections that parties Africa by Realising Democracy in Democracy, Human Rights and Labor Feb.25, profess. (Somolekae 2000 p.82/3) Botswana, Namibia and . 2004.http://www.state.gov/g/drl/rls/hrr Pretoria: Africa Institute of South ‘The lack of transparency in the pt/2003/27713.htm conduct of primary election has cast Africa. serious doubt about the extent of Indeprendent Electoral Commission, Sachikonye, L., 2004. Elections and internal democracy in Botswana’s 2002. Voter Apathy Report. Gaborone: Democracy in the SADC Region. A political parties. There is a lot of Government Printer. paper presented at the SADC Parliamentary Forum Workshop for cynicism regarding their conduct, Independent Electoral Commission, Parliamentarian. Gaborone Sun, that they are manipulated to sideline 1999. Report To His Honour The Vice September 2004 people who are considered President and Minister of Presidential controversial by the party Affairs and Public Admuinistration On Seeletso G, 2004. State of Election leadership.’ (IEC 2002, p83). The General Elections. Gaborone: Preparedness in Botswana; A Government Printer. presentation by the IEC to the Orientation Workshop for Election Election Conflict Maudeni, Z., 2004. Society, Politics Observers. Gaborone Sun, Gaborone Management and the State in Botswana. Cape Sun, September 2004 Town: Media Publishing Rumbidzai Kandawasvika-Nhundu The law that created the Office of Molomo, M., 2000. In Search Of An Observing Elections from a Gender the Secretary of the Independent Alternative Electoral System For Perspective. A paper presented at trhe Electoral Commission who acts as Botswana, in Elections and SADC Parliamentary Forum the Supervisor of Elections, also Democracy in Botswana, PULA, Workshop for Parluamentarians. spells out his powers and the powers Botswana Journal of African Studies ed by Mpho Molomo, Gaborone Sun, September 2004. of those delegated by him on the election-day. Either the Secretary or Molutsi and Holm(ed), 1989. Political Party Manifestos those, to whom he has designated, Democracy in Botswana. Gaborone: Botswana Democratic Party, 2004. have the power to instruct the police Macmillan Election Manifesto, Gaborone: Printing and Publishing to remove from the premises those Republic of Botswana. Electoral Act . charged with disturbances during Gaborone: Government Botswana Congress Party, 2004. election time. Printer.Republic, 2002. Election Manifesto. Gaborone: Botswana Congress Party For some reason, Batswana are very Republic of Botswana Report of the The Pact (Botswana National Front, well mannered people. To date, even Delimitation Commission. Gaborone: Government Printer Botswana Alliance Movement, when there have been sharp Botswana Peoples Party), 2004. disagreements on the election Republic of Botswana, 1997. The Election Manifesto. Gaborone: The outcomes, the country has not yet Report of the Presidential Commission Pact. witnessed large scale political on the Judiciary. Gaborone: Government printer. Media reports violence around the issues of Botswana Daily News elections. Throughout the post Botswana Daily News SADC Parliamentary Forum, 2001. Botswana Gazette colonial history there have been Norms and Standards for Elections in Botswana Guardian sporadic disturbances at the local the SADC Region. Johannesburg: Botswana Television News university and other isolated cases of ParkPrtint. Mmegi/The Reporter unrest around the country, which the Mmegi Monitor government has successfully put Shivji, I., 1988. Fight my Beloved Mokgosi down with the help of police and Continent. Harare: Southern African The Midweek Sun soldiers. Should violence erupt at Political and Economic Series The Mirror (SAPES) Trust. Radio Botswana News any time, the state has at its command, the Special Support

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