This archive report was first published on 24 December 2019.
On October 23, Botswana held its general election, with the ruling Botswana Democratic Party (BDP) securing a majority of 38 seats in the 57-member parliament, while the opposition UDC won 15 seats.
The UDC had petitioned the court, contesting the election outcome and citing 'irregularities in some of the constituencies.'
However, in a ruling delivered in Gaborone on Tuesday, Justice Mercy Garekwe stated that 'it cannot be deduced that the people or institutions which allegedly committed the corrupt and illegal practises are election or polling agents of the 2nd respondent (BDP),' and 'As for the BDP, names are mentioned but none of them are said to be election or polling agents of the 2nd respondent (BDP).'
President Mokgweetsi Masisi has denied UDC claims of irregularities, and a majority of the nine judges agreed that the matter was not properly before the court, citing the petitioners' failure to provide verifying affidavits and comply with rules.
One dissenting judge, Justice Michael Leburu, expressed his disappointment with the ruling, stating that 'The case is about justice not formalism. Judges who are quick to dismiss cases based on technicalities deny litigants justice and avoid difficult issues raised during the merits.'
UDC leader Duma Boko praised the dissenting judgement, saying 'Even I know how painful and difficult it is to cut against the grain of conservative thought and set yourselves apart from those held hostage. That's the way of justice.'
The BDP has ruled Botswana since its independence from Britain in 1966, but the party suffered a significant setback in May when former president Ian Khama renounced his hand-picked successor Masisi and backed a new party.
It is expected that the UDC will appeal the ruling.
