The government of Botswana should take steps to address gaps in the legal framework such as fixing of the election date, finalisation of the constitution review process and state funding of political parties which may cause political instability in the future if not resolved.
By Tendai Mbanje
Introduction
This year, many major elections are happening across the world. In Africa, about 19 elections are expected to take place throughout the year. Many democracies are being tested. The Republic of Botswana is one democracy that must pass this test. This paper is an extract from my participation as an Election Analyst and the Deputy Chief Observer of the African Centre for Governance (ACG) Pre-Election Assessment Mission to Botswana (ACG PAM), which was held from the 18th to the 20th of July 2024. Below are key issues in relation to the political context, legal framework, the Independent Electoral Commission (IEC), voter registration, political parties, party and campaign finances, role of media, and civil society that African citizens should know as they anticipate paying close attention to Botswana’s 2024 elections, which are expected to take place in October this year.
Context and key issues around Botswana elections
Historically, Botswana has always had peaceful elections with no serious electoral violence. Botswana citizens are generally known to be peaceful and exemplary among African citizens. The elections are anticipated to take place in a calm and peaceful environment. Botswana citizens and most stakeholders who met with the African Centre for Governance Pre-Election Assessment Mission (ACG PAM) expressed confidence in the administration of the electoral process. However, opposition political parties’ express dissatisfaction with the incomplete constitutional review process and lack of state funding, arguing that may lead to an unlevel playing field and may impact the credibility of the outcome of the elections.
Stakeholders expressed satisfaction with the existing legal framework for the elections as contained in the Constitution[1] and other electoral laws.[2] However, stakeholders expressed concerns about the prerogative powers vested in the President of the Republic to announce the date of elections. They called for completion of the constitutional review process, to bring certainty to the date of future elections and other legal lacunae associated with the conduct of elections. Another concern regarding the electoral- legal framework is the fact that ballots of the parliamentary elections are not counted at the polling stations immediately after voting closes, but are transported to the constituency centres to be counted, a situation that could constitute a source of tension in the event of a disputed election outcome.[3]
By law, the IEC is located within the presidency and thus reports to the Office of the President. This state of affairs, according to stakeholders, constitutes an affront to the independence and neutrality of the Commission. The IEC informed the ACG PAM that its activities and administration are fully funded by the Government and had received the required funds for the elections in 2024. The law prohibits the IEC for any external funding. The electoral materials, both sensitive and non-sensitive will be printed abroad pending the announcement of the election date by the President. Although the IEC stated that it is prepared for the elections and will be able to meet the timelines, it is obvious that the delay in the announcement of election dates by the President had created uncertainty for the Commission.
Botswana has a population of approximately over 2.5 million,[4] with approximately 1.7 million being eligible to vote.[5] At the time when the ACG PAM was held, the collection of statistics of registered voters according to their gender and other classification was not finalised (eg. male, female, youth, disability, etc). The IEC had set a target of registering 1.3 million eligible voters. At the end of the voter registration exercise, the IEC registered 1, 038, 261 million voters. The IEC admitted challenges of voter apathy but some unprecedented gains in voter registration unlike in the past elections. However, some stakeholders believe that the challenges in voter registration were due to the failure of the IEC to adequately educate eligible voters to register for the elections. There is also a sentiment that civil society could have played a critical role in this regard, but funding issues continue to constrain the maximum participation of civil society in governance and electoral processes.
Nomination and registration of candidates for both parliament and local councils is ongoing and is generally being conducted in a peaceful manner. The final names of nominated candidates will be known after the dissolution of parliament and the completion of the appeals process for the disputed primary election outcomes. Some political parties have expressed satisfaction while others did not with the relationship between the IEC and the contesting political parties. Others were of the view that the independence of the IEC is compromised by the fact that it is a department within the office of the President, while others expressed concern about the ongoing constitutional review process and its implications for the elections.
Currently, Botswana has inadequate laws to regulate state funding of political party activities during elections. There is also no state funding for political parties. Political parties expressed concerns over the lack of support from the state while, they argued the ruling party can finance its activities through the advantage of incumbency. This situation, they argue has resulted in an unlevel playing field between the ruling party and the opposition parties.
The media is considered to be largely free to do its work in Botswana. Stakeholders acknowledged that coverage of the electoral processes so far has, to a large extent, been free as was the case in some of the previous elections. However, they recognised that although the state media covers campaigns of the opposition parties, they were sometimes not adequately covered. The public perceives the media reporting of elections to be fairly balanced. The influence of social media is being greatly felt during this election period. There are no evident fears as yet on the negative impact of social media on the 2024 elections.
The ACG PAM learned that Civil Society Organisations (CSOs) are involved in providing civic and voter education to the general public. However, CSOs decried a lack of funding which has negatively impacted their work. The ascendance of Botswana to middle-income status has seen CSOs losing funding opportunities as the country is not eligible for most donor funding. CSOs remain keen to promote public participation by sensitizing the public on the need to vote and have their voices heard.
Conclusion
The overall assessment of preparations for the 2024 general elections to elect Members of Parliament and Local Councillors in Botswana is that the country is ready for the October 2024 elections. The general security situation is calm and peaceful. However, for future elections, the country will need to take steps to address gaps in the legal framework, especially in relation to the fixing of an election date, finalisation of the constitution review process and state funding of political parties which may cause political instability.
[1] Constitution of Botswana 1966.
[2] These include the Electoral Act, the Local Government Act, and the Referendum Act, the Code of Conduct for Political Parties, Code of Conduct for Observers, and Code of Conduct for Private Broadcast Media.
[3] See the Electoral Act.
[4] See: https://data.worldbank.org/indicator/SP.POP.TOTL?locations=BW
