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Election Update 2004 Botswana

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Election Update 2004 Botswana ELECTION UPDATE 2004 BOTSWANA 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 2 election update 2004 Botsw ana number 1 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
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