26 Jul 2019

The Village Magistrate Court early today dismissed a case in which Mr John Siele qustioned Advocate Duma Boko’s principal residence as per the Electoral Act.

Mr Siele wanted the Umbrella for Democratic Change (UDC) leader,  also contesting for Gaborone Bonington North parliamentary seat, to be struck off the voters roll because he had registered in an area, which was not his principal residence therefore contravening the Electoral Act.

However, Magistrate Godwill Makofi ruling that with the evidence before him, Advocate Boko’s principal residence was Phase 2.

He pointed out that after hearing arguments from both the objectors and respondent’s lawyers, there was no doubt that the respondent did not violate any law.

Magistrate Makofi said the objectors had violated the privacy of the respondent by going as far as searching for his private information from government departments.

He pointed out that according to the affidavits from both parties, it was clear that by the time the election registration begun, the respondent was a resident of Phase 2.

Furthermore, Magistrate Makofi said it was clear that the objectors did not know where the respondent spent most of his time, saying if they did they could have long realised that Mr Boko spent most of the time in Phase 2 during the period in question.

He said the case was similar to that of Ms Dorcas Makgato in the sense that if an individual had more than one residential place, it was up to them to decide where to register.

The magistrate stated that it was clear that in the respondent’s affidavit, he spent most of the time in Phase 2 with his ailing mother, the same time when election registration exercise was still active, something which made him eligible to register there.

Magistrate Maofi further said the objector’s argument that Advocate Boko was residing in Tlokweng because they had seen some confidential information from banks and BURS did not hold water, adding that they could have asked him in person before taking the route that they took. ENDS