29 Aug 2019

Mahalapye senior magistrate, Mr Solomon Setshedi on August 28 dismissed with costs an application falsifying Dorcas Makgato’s registration to vote at Bopedi ward, Chadibe in the Sefhare/Ramokgonami constituency.

Magistrate Setshedi ruled that the respondent’s agument of viewing Bopedi ward at Chadibe as her principal residence was substantiated.

The case was brought to a court of law by Mr Mothusi Maribe who wanted BDP parliamentary candidate removed from the voters roll as he believed she was not registered at her principal residence.

However, the magistrate said her choice of registering to vote at Chadibe was sustainable as it was practically impossible for her to commute on a daily basis from Chadibe to Gaborone to execute her duties as a legislator.

“The fact that she is a member of Parliament for Sefhare/Ramokgonami, where she has registered to vote must be taken into consideration. It is a clear indication that she has vested interest in the area and there is no doubt that it is her principal residence. The application is therefore dismissed and Ms Makgato’s registration at Bopedi ward at Chadibe in the

Sefhare/Ramokgonami constituency remains valid,” said Magistrate Setshedi. Magistrate Setshedi, however, stated that it was lawful for a person to challenge a voter registration if they were of the view that it violated the law. He, therefore, added that the case was an eye-opener for the general public and would act as a lesson for future reference.

During the last sitting, Magistrate Setshedi had referred the matter to the High Court, seeking intervention on clarifying the definition of a principal residence. This was after the complainent  Mr Maribe had presented before the court of law that she had more than one residences at Mookane, Phakalane and Chadibe.

When delivering judgment, Mr Setshedi said the applicant was not in dispute that the respondent had more than one residences. He said all the applicant wanted was for the court to establish Ms Makgato’s principal residence as he was of the view that she had violated the law by registering at Chadibe.

Based on the direction given by both the High Court and the Court of Appeal, Mr Setshedi said principal residence was the one viewed by the person in question as the most important.

He said the applicant was dissatisfied with the High Court ruling and appealed to the Court of Appeal as he believed the former aired in making its determination.

Therefore, Mr Setshedi had in reference to voter registration, said a person must, therefore, register at a residence that they deem the most important. He said a person was at liberty to choose a residence that they preferred to register and vote at.

“The question at hand was for the court to determine if Chadibe is the respondent’s principal residence,” said the magistrate, adding that the issue would only be resolved by objective facts before the court. “If the answer in the negative will be the final decision of the court, then the respondent will not only be struck off the voter’s roll, but will also be deprived her democratic right to vote,” said Mr Setshedi.

However, Mr Setshedi said the decision taken was based on the material availed before the court.

Mr Setshedi said in its judgment, the court also took into account other pertinent social factors. He said the court was not in dispute that Ms Makgato was the incumbent MP for

Sefhare/Ramokgonami. “The court is not also in dispute that she is a resident of Chadibe and that by virtue of her position as MP and minister, she must also have another residence in Gaborone,” said Mr Setshedi. Ends