I address you and, through your office, the Independent Electoral Commission, (“IEC”) or (“the Commission”), as the election management body established under the Constitution of Botswana. I am the President of the Umbrella for Democratic Change, a major participant and invested stakeholder in the electoral process of this country. Please note my special interest and mandate herein.I am under instruction from my organization to raise with the Independent Electoral Commission certain, issues and misapprehensions regarding the processes, methods and practices that are now extant and which have the effect of undermining the core functions and constitutional obligations of the Commission.
I invoke the fundamental precepts of fairness, credibility, impartiality, propriety and transparency, articulated in Section 65A(12)(c) of the Constitution of Botswana and further outlined under Section 3(b) of the Electoral Act (CAP 02:09) of the Laws of Botswana. It is under colour of these provisions and precepts that I engage with the Commission and seek to hold it to the principles and values enshrined, while also seeking to provide the robust external scrutiny and stringent monitoring that have hitherto been either weak or lacking in our entire electoral system. It is the responsibility of every voter, citizen and person of goodwill to provide this continuing scrutiny and monitoring. The Commission must welcome and encourage the heightened scrutiny that goes with free, fair, credible and transparent electoral practices and conduct. This scrutiny is not a favour begged from, or allowed by the Commission at its whim and pleasure; it is the very essence of the functions of the Commission. The rights accruing under the provisions stated hereinabove are justiciable, and can be enforced before our courts.
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