The Appointment of Commissioners of the Independent Electoral Commission in Botswana

Abstract Traditionally, Botswana has enjoyed the illustrious reputation of being a beacon of democracy in Africa and beyond. This reputation has been attributed to the country’s political and economic stability, free and fair elections, and peaceful transitions of government. Until recently, Botswana’s electoral laws and processes were rarely ever the subject of judicial scrutiny. However, in the aftermath of the 2019 general elections, there was a spate of election petitions seeking to impugn the outcome of the elections. Furthermore, in the build up to the 2024 general elections, litigation challenging electoral laws and processes became commonplace. These cases ranged from demands by parties to be actively involved in observing voter registration for elections; objections to the appointment of Commissioners of the Independent Electoral Commission; and demands for electronic copies of the voters roll. Collectively, the cases highlight potential inadequacies in Botswana’s electoral laws. This paper analyses the case of Umbrella for Democratic Change and Others v Attorney General and Others ( UDC v AG ). Therein, 11 opposition parties sought to interdict Commissioners of the Independent Electoral Commission from discharging their duties pending a determination of the constitutionality of their appointment. The paper poses and answers the simple question whether the court got the decision wrong.