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.
Introduction
This year, many major elections are taking place around the world. In Africa, about 19 elections are expected to take place throughout the year.[1] Many democracies are being tested – the Republic of Botswana is one that must pass this test.
There are various key issues in relation to Botswana’s political context, legal framework, the Independent Electoral Commission (IEC), voter registration, party and campaign financing, and the role of the media and civil society that African citizens should be aware of as they anticipate paying close attention to the country’s elections, which are expected to take place in October this year. I address these issues based on my participation as an election analyst and the deputy chief observer of the African Centre for Governance Pre-Election Assessment Mission to Botswana (ACG PAM), which took place between 18 and 20 July 2024.
Context and Key Issues
Historically, Botswana has always had peaceful elections, with no serious electoral violence. The elections are anticipated to take place in a calm, peaceful environment. Botswanan citizens and most stakeholders who met with the ACG PAM expressed confidence in the administration of the electoral process. However, opposition political parties expressed dissatisfaction with the incomplete constitutional review process and lack of state funding, arguing that it may lead to an uneven playing field and affect the credibility of the outcome of the elections.
Legal framework
Stakeholders expressed satisfaction with the existing legal framework for the elections as contained in the Constitution[2] and other electoral laws.[3] However, they expressed concerns about the prerogative powers vested in the president of the republic to announce the date of the elections. They called for the completion of the constitutional review process to bring certainty to the date of the elections and other legal lacunae associated with the conduct of elections. Another concern regarding the electoral-legal framework is the fact that ballots for 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.[4]
The independent electoral commission
By law, the IEC is located within the presidency and thus reports to the Office of the President.[5] 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 that it had received the required funds for the elections in 2024. The law prohibits the IEC from receiving external funding.[6] The electoral material, 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 has created uncertainty for the commission.
Voter registration
Botswana has a population of over 2.5 million people,[7] with about 1.7 million being eligible to vote.[8] When the ACG PAM was held, the collection of statistics of registered voters, according to various classifications, had not been finalised. The IEC had set a target of registering 1.3 million eligible voters. At the end of the voter registration exercise, the IEC had registered 1 038, 261 million voters.[9] The IEC stated that voter apathy was a challenge, though there were some unprecedented gains in voter registration, unlike in 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. 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
The nomination and registration of candidates for both parliament and local councils is being carried out generally in a peaceful manner. The final names of nominated candidates will be disclosed after the dissolution of parliament and the completion of the appeals process for the disputed primary election outcomes. Some political parties have expressed satisfaction with the relationship between the IEC and the contesting political parties. Others were of the view that the independence of the IEC is compromised because it is a department within the office of the president, while there were some that expressed concern about the ongoing constitutional review process and its implications for the elections.
There is also no state funding for political parties in Botswana. Political parties expressed concern about the lack of support from the state and argued that the ruling party could finance activities through the advantage of incumbency. This situation, they argue, has resulted in an uneven playing field between the ruling party and opposition parties.
Media and civil society
The media is considered to be largely free to do its work in Botswana.[10] Stakeholders acknowledged that coverage of the electoral processes thus far has, to a large extent, been balanced, as was the case in some previous elections. However, they recognised that while the state media covers the campaigns of 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 of 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, these organisations decried a lack of funding, which has had a negative impact on 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 are keen to promote public participation by sensitising the public on the need to vote and have their voices heard.
Conclusion
The overall assessment of preparations for the 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 fixing the election date, finalising the constitutional review process and reassessing the state funding of political parties, which may cause political instability.
[1] Joseph Siegle and Candace Cook ‘Africa’s 2024 Elections: Challenges and Opportunities to Regain Democratic Momentum’ <https://africacenter.org/spotlight/2024-elections/> last accessed 11 August 2024.
[2] Constitution of Botswana, 1966.
[3] 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.
[4] Republic of Botswana Electoral Act, 1968.
[5] Ibid.
[6] Independent Electoral Commission of Botswana ‘IEC’ <https://www.iec.gov.bw/> last accessed 14 August 2024.
[7] World Bank Group ‘Population, total – Botswana’ <https://data.worldbank.org/indicator/SP.POP.TOTL?locations=BW> last accessed 14 August 2024.
[8] Independent Electoral Commission of Botswana ‘IEC’ <https://www.iec.gov.bw/> last accessed 14 August 2024.
[9] The African Centre for Governance ‘Pre- election Assessment Mission, 18- 20 July 2024 <https://shorturl.at/z3t9c> last accessed 11 August 2024.
[10] Press Freedom in Botswana 2022 ‘IPI Mission Report’<https://shorturl.at/dArgD> last accessed 12 August 2024.
