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The Southern Africa Litigation Centre (SALC) is closely monitoring civic rights, human rights, and the application of the rule of law in Botswana as the nation, home to one of Africa’s largest diamond deposits, prepares for the polls on 30 October 2024.

An Amendment Bill to the Constitution was introduced earlier this year to modernise the governance framework. It proposed reforms related to rights, governance, and the judiciary. These proposed amendments sparked significant debate and public protests in 2024. The protests, which were largely peaceful and involved a cross-section of society, indicate increased public discourse over the country’s civil and political affairs. Key proposals included protecting the rights of intersex persons and people with disabilities, introducing direct presidential elections, and increasing the number of Specially Elected Members of Parliament.

These proposals, which aimed to address critical issues in Botswana’s governance, raised concerns about the concentration of executive power, primarily through an increase in appointed MPs and reforms to the judiciary, which critics argue would still leave the President with significant influence over judicial appointments. Civil society organisations and opposition parties objected, arguing that the process lacked transparency and public consultation.

In September 2024, peaceful protests led to the government withdrawing the bill, marking a significant victory for civic participation. These developments serve as a beacon of hope for the future of Botswana’s democracy. However, President Masisi, who is running for a second term under the ruling party, the Botswana Democratic Party (BDP), indicated that the bill might return after the October 2024 elections if his party wins.

These elections mark a pivotal moment in Botswana’s democratic progress. As we advance, it’s crucial to prioritise an inclusive and transparent constitutional review process in all member states of the African Union and SADC. The growing demand for political and democratic reforms across Africa underscores the urgency of this matter.

In recent months, the country’s electoral monitoring body, the Independent Electoral Commission (IEC), has been criticised for travelling to and meeting its counterpart in Zimbabwe for what was labelled a benchmarking visit. This visit raised concerns about the potential influence of Zimbabwe’s electoral practices on Botswana’s upcoming elections.

At the time, the IEC contended that its visit was to examine the Zimbabwe Electoral Commission’s (ZEC) accreditation machine for election observers. The Electoral Institute for Sustainable Democracy in Africa defended the visit, noting that, from a technical perspective, the ZEC had performed very well in critical areas of election management.

The SADC observer mission found that the 2023 harmonised elections in Zimbabwe fell short of the requirements of the Electoral Act, the Constitution of Zimbabwe and the SADC Principles and Guidelines Governing Democratic Elections (2021).

There is growing tension and pressure on the IEC, as the country’s opposition leader, Duma Boko of the Umbrella for Democratic Change (UDC), has warned the IEC to ensure the integrity of the elections is upheld, or they would not accept the electoral outcome. The UDC has reiterated their allegations that the last elections were marred by rigging, explicitly pointing to instances of voter intimidation and ballot tampering. Equally, there are concerns over candidates like the Minister of Health, Edwin Dikoloti, who has challenged the withdrawal of his candidacy by the ruling party.

We urge the Botswana government to ensure that the IEC is adequately equipped with the necessary tools to conduct these elections with the utmost integrity. As Africa looks to Botswana – the continent’s longest uninterrupted democracy – to lead the way in demonstrating political and democratic maturity, the IEC must have the support it needs.

With democratic institutions crumbling and the world becoming increasingly polarised, Africa needs these upcoming elections to serve as a reminder of the power of democracy in nation-building and in safeguarding and promoting human rights.