I lack the expertise to opine on whether the Electoral Act, particularly concerning voter registration, conflicts with Section 65A (12) (c) of the Constitution. This section mandates that elections be conducted efficiently, properly, freely, and fairly. It implies that voter registration should be transparent to preempt doubts about its credibility and legitimacy.

A genuinely transparent process has no hidden phases and cannot be deemed transparent if crucial stakeholders are excluded. It is reasonable to suggest that registering bogus voters may begin at this stage, with voter trafficking potentially being the starting point. Voter trafficking impacts not only national elections but also individual political parties during their primary elections.

During the 2018 BDP primary elections, Gaborone North was alleged to have experienced intense voter trafficking, implicating the incumbent MP Hon Mpho Balopi. He denied involvement. To argue that the Electoral Act allows fraud during voter registration, I refer to an Affidavit of Fact by Emmanuel Seretse Mohalodi dated November 26, 2019.

The Electoral Act, confirmed by the Court of Appeal on December 19, 2023, prohibits political parties and key stakeholders from overseeing voter registration, a critical phase of the electoral process. However, the same Act permits them to participate in the final stages, including actively verifying the voters' roll during the 42-day period, being present during voting, counting and verifying ballots, and declaring the winner.

The Act seems contradictory, denying and granting authority almost simultaneously. I remain unconvinced why the majority BDP lawmakers have not recognized the illogicality of excluding political parties during voter registration. This lack of logic is less surprising, given their jubilation in the recent parliament session when the Court of Appeal essentially affirmed that voter registration is exclusive to the Independent Electoral Commission (IEC).

Allowing key stakeholders, especially political parties, to oversee voter registration aims to ensure that only legitimate voters are registered, preventing various forms of fraud. It also intends to minimize post-election disputes. Although untested, an affidavit has circulated, detailing the alleged fraudulence in the 2018 voter registration, accusing some IEC staff members of participating in or facilitating vote rigging and voter trafficking.