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Botswana

Boundary Delimitation

BD01 Are constituencies delimited for election purposes?
a. Yes

Comments: The Judicial Service Commission appoints a Delimitation Commission (DC) consisting of a chair and up to four other members. The DC is not subject to the direction or control of any other person or authority in the exercise of its functions. The DC reports to the President and constituencies are redemarked every 5-10 years.
Source: Constitution of Botswana 1966, 64; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 06:48:49 UTC

BD03 On what criteria are the boundaries drawn?
a. "Equality" of population
c. Compactness of constituencies
d. Conformity with local jurisdiction boundaries
e. Geographic size of district
f. Communities of interest/cultural concerns
g. Other

Comments: Means of communication and density of population
Source: Constitution of Botswana 1966, Article 65; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:55:25 UTC

BD05 The body responsible for drawing the boundaries is:
c. Boundary Commission

Comments: The Delimitation Commission submit a report to the President which shall state if any alteration is necessary to the boundaries of the constituencies.
Source: Constitution of Botswana 1966, 65;[www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:55:25 UTC

Direct Democracy

DD01 Please provide information about the person completing the questionnaire.
a. Name and Title: Mr. Brian G. Eaton
b. Job Title: Legal Officer
c. Organisation: Independent Electoral Commission, Botswana
d. Contact Address. Private Bag 00284, Gaborone, Botswana
e. Telephone: +267 3612400 / 3911261
f. Facsimile: +267 3900581 / 3905205 / 3190889
g. Email: beaton@gov.mw; bgeaton@hotmail.com

Comments: Information also checked and updated by the Secretary Mr. T.G.G.G. Seeletso, Independent Electoral Commission, tseeletso@gov.bw.
Last updated: 2006-11-30 15:32:27 UTC

DD02 Which forms of direct democracy, if any, are currently possible at the national level? Please check the glossary for the definition of the following terms:
a. Mandatory referendum

Comments: Section 89 (4) of the Constitution reads: "In so far as it alters any of the provisions mentioned in subsection (3) (b) of this section no Bill shall be presented to the President for his assent unless after its passage by the Assembly it has been submitted to the electors qualified to vote in the election of the Elected Members of the National Assembly, and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill." Section 3 of the Referendum Act reads: "Where under any law, any matter is required to be submitted to a vote of the electors qualified to vote in the election of the Elected Members of the National Assembly for approval by a majority of them, it shall be submitted in accordance with the provisions of this Act."
Source: The Constitution of Botswana, section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-11-30 15:44:25 UTC

DD03 What is the legal basis for mandatory referendums at the national level?
a. Constitutional
b. Specific laws/legislation

Comments: Section 89 (4) of the Constitution reads: "In so far as it alters any of the provisions mentioned in subsection (3) (b) of this section no Bill shall be presented to the President for his assent unless after its passage by the Assembly it has been submitted to the electors qualified to vote in the election of the Elected Members of the National Assembly, and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill.” Section 3 of the Referendum Act reads: “Where under any law, any matter is required to be submitted to a vote of the electors qualified to vote in the election of the Elected Members of the National Assembly for approval by a majority of them, it shall be submitted in accordance with the provisions of this Act."
Source: The Constitution of Botswana, section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-11-30 15:44:25 UTC

DD04 What is the legal basis for optional referendums at the national level?
e. Not applicable

Last updated: 2006-10-17 12:41:36 UTC

DD05 What is the legal basis for citizens' initiatives at the national level?
e. Not applicable

Last updated: 2006-10-17 12:41:36 UTC

DD06 What is the legal basis for agenda initiatives at the national level?
e. Not applicable

Last updated: 2006-10-17 12:41:36 UTC

DD07 What is the legal basis for recalls at the national level?
e. Not applicable

Last updated: 2006-10-17 12:41:36 UTC

DD08 What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
a. Constitutional
b. Specific laws/legislation

Comments: The Referendum Act as a whole applies to the conduct and supervision (administration) of such elections. Section 65A (12)(a) of the Constitution states that the Independent Electoral Commission "shall be responsible for the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum".
Source: The Constitution of Botswana, section 65A (12)(c) and section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-17 12:41:36 UTC

DD09 What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 12:43:38 UTC

DD10 What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 12:43:38 UTC

DD100 What restrictions, if any, are there in relation to signature collection for an agenda initiative?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD101 What restrictions, if any, are there in relation to signature collection for a recall?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD102 What form of checks are undertaken to verify signatures for a referendum?
d. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD103 What form of checks are undertaken to verify signatures for a citizens' initiative?
d. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD104 What form of checks are undertaken to verify signatures for a recall?
d. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD105 Who is responsible for checking the signatures?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD106 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
a. Agency/department responsible for the administration of direct democracy mechanisms

Comments: The Independent Electoral Commission (IEC) has assumed responsibility for general voter education although voter education is not specifically mentioned (in section 65A (12)) as one of the responsibilities of the Commission.
Source: The Constitution of Botswana, section 65A (dealing with the appointment, responsibilities, etc. of the Independent Electoral Commission) and section 66 (dealing with the appointment, resposibilities, etc. of the Secretary to Independent Electoral Commission).
Last updated: 2006-10-17 14:52:49 UTC

DD107 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
g. Not applicable

Last updated: 2006-10-17 14:53:29 UTC

DD108 Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
g. Not applicable

Last updated: 2006-10-17 14:53:29 UTC

DD109 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
a. Information booklets
b. Leaflets and pamphlets
c. Radio broadcasts
d. TV broadcasts
e. Press advertisements
f. Website
g. Other(specify)

Comments: g) Workshops, publication of manuals, discussions, kgotla meetings, voter education materials. Undertaken by the Independent Electoral Commission Secretariat in conjunction with media houses, consultants, NGOs and, in some instances, political and religous leaders.
Source: IEC Botswana: "Civic and Voter Education Strategy Draft Outline" and its "Civic and Voter Education Curriculum" - part of "The Road to the 2004 General Elections".
Last updated: 2006-11-30 15:44:25 UTC

DD11 What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 12:43:38 UTC

DD110 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
i. Not applicable

Last updated: 2006-10-17 14:59:09 UTC

DD111 What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
i. Not applicable

Last updated: 2006-10-17 14:59:09 UTC

DD112 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
g. None

Comments: The Referendum Act does not have provisions dealing with any of these matters.
Source: The Referendum Act, Chapter 02:10
Last updated: 2006-10-17 15:00:15 UTC

DD113 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
h. Not applicable

Last updated: 2006-10-17 15:00:41 UTC

DD114 Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
h. Not applicable

Last updated: 2006-10-17 15:00:41 UTC

DD115 What is the period during which these controls apply for a referendum?
c. Not applicable

Last updated: 2006-10-17 15:02:14 UTC

DD116 What is the period during which these controls apply for an initiative?
c. Not applicable

Last updated: 2006-10-17 15:02:14 UTC

DD117 What is the period during which these controls apply for a recall?
c. Not applicable

Last updated: 2006-10-17 15:02:14 UTC

DD118 Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the “Comments” section below.
d. No campaign organisations

Comments: The Referendum Act does not have provisions dealing with any of these issues.
Source: The Referendum Act, Chapter 02:10
Last updated: 2006-10-17 15:02:14 UTC

DD119 Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the “Comments” section below.
f. Not applicable

Last updated: 2006-10-17 15:03:24 UTC

DD12 What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
e. Not applicable

Last updated: 2006-10-17 12:43:38 UTC

DD120 Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the “Comments” section below.
f. Not applicable

Last updated: 2006-10-17 15:03:24 UTC

DD121 Which forms of public assistance, if any, are provided for a referendum? Specify in the “Comments” section below.
f. None

Last updated: 2006-10-17 15:03:24 UTC

DD122 Which forms of public assistance, if any, are provided for an initiative? Specify in the “Comments” section below.
g. Not applicable

Last updated: 2006-10-17 15:03:24 UTC

DD123 Which forms of public assistance, if any, are provided for a recall? Specify in the “Comments” section below.
g. Not applicable

Last updated: 2006-10-17 15:03:24 UTC

DD124 If free media access is provided, what are the criteria for allocating broadcast time / printing space?
b. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD125 Is the government permitted to campaign either in favour of or against any specific outcome to a referendum, initiatives or recall vote?
a. Yes

Comments: There is no legal prohibition on Government campaigning.
Source: The Referendum Act, Chapter 02:10
Last updated: 2006-10-17 15:06:54 UTC

DD126 What restrictions or controls, if any, are there on media coverage of the campaign and/or issue during the relevant period?

Last updated: 2006-11-30 15:32:27 UTC

DD13 When were direct democracy mechanisms first introduced into the legal framework at the national level? Date (yyyy)
a. Mandatory referendum 1966

Source: The Constitution of Botswana, Section 89 (4)
Last updated: 2006-10-17 12:44:53 UTC

DD14 When was an administrative framework for direct democracy mechanisms first introduced at the national level? Date (yyyy)
a. Mandatory referendum 1987

Comments: a) With he enactment of the Referendum Act. Section 89 (4) of the Constitution requires a referendum in certain circumstances, but the law for the conduct of such referendum was only enacted in 1987.
Source: The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-11-30 15:44:25 UTC

DD15 Who is responsible for managing the administration of direct democracy mechanisms at the national level?
b. Independent electoral commission

Comments: Section 65A (12)(a) of the Constitution states that the Independent Electoral Commission "shall be responsible for the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum".
Source: The Constitution of Botswana, Section 65A (12)(a)
Last updated: 2006-10-17 12:53:18 UTC

DD16 Does this agency/department also manage the administration of national elections?
a. Yes

Comments: Section 65A (12)(a) of the Constitution states that the Independent Electoral Commission "shall be responsible for the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum".
Source: The Constitution of Botswana, Section 65A (12)(a)
Last updated: 2006-10-17 13:02:28 UTC

DD17 Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: c) Botswana is a unitary state.
Last updated: 2006-10-17 13:04:48 UTC

DD18 Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: c) Botswana is a unitary state.
Last updated: 2006-10-17 13:04:48 UTC

DD19 Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: c) Botswana is a unitary state.
Last updated: 2006-10-17 13:04:48 UTC

DD20 Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: c) Botswana is a unitary state.
Last updated: 2006-10-17 13:04:48 UTC

DD21 Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
c. No

Comments: c) Botswana is a unitary state.
Last updated: 2006-10-17 13:04:48 UTC

DD22 Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Comments: A referendum can only be called at the national level.
Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-17 13:06:50 UTC

DD23 Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-17 13:06:50 UTC

DD24 Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-17 13:06:50 UTC

DD25 Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-17 13:06:50 UTC

DD26 Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
c. No

Last updated: 2006-10-17 13:06:50 UTC

DD27 What are the issues, if any, in relation to which referendums are mandatory at the national level?
a. Constitutional amendments

Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-17 13:08:56 UTC

DD28 What are the issues, if any, in relation to which referendums are optional at the national level?
k. None

Comments: Before the President can assent to the Bill (passed by Parliament) to amend certain entrenched provisions listed in the section 89 (3)(b).
Source: The Constitution of Botswana, Section 89 (3)(b) and(4)
Last updated: 2006-10-17 13:10:47 UTC

DD29 Which issues, if any, are excluded from being the subject of referendums at the national level?
k. None

Comments: Although section 3 of the Referendum Act states that "Where under any law, any matter is required to be submitted to the vote of the electors...", section 89 (4) of the Constitution is presently the only one requiring a referendum.
Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-17 13:15:49 UTC

DD30 Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
e. None

Comments: e) Referendums are only held at the national level.
Last updated: 2006-10-17 13:17:09 UTC

DD31 Who can initiate a referendum at the national level?
d. Legislative majority

Comments: Although the President issues a writ of referendum (in terms of section 5 of the Referendum Act), in terms of section 89 (3)(ii) of the Constitution a Bill that is to be submitted to a referendum under section 89 (4) must have been "supported by the votes of not less than two-thirds of all the Members of the [National] Assembly".
Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 5
Last updated: 2006-10-17 13:19:48 UTC

DD32 Who is responsible for drafting the mandatory referendum question?
c. President

Comments: Section 5 of the Referendum Act states that the President shall issue the writ of referendum which, inter alia, sets out the "matter on which the poll is to be taken".
Source: The Referendum Act of the Laws of Botswana, Chapter 02:10 section 5
Last updated: 2006-10-17 13:22:00 UTC

DD33 Who is responsible for drafting the optional referendum question?
g. Not applicable

Last updated: 2006-10-17 13:24:59 UTC

DD34 Which of the following, if any, are required to be included in the mandatory referendum question?
d. The full text of the proposal

Comments: Section 4 of the Referendum Act states that: "The matter requiring the approval of the majority of the electors shall be submitted in the form of a question requiring an affirmative or negative reply and shall, where it is an amendment to any law, contain a full text of the proposed amendment."
Source: The Referendum Act of the Laws of Botswana, Chapter 02:10 section 4
Last updated: 2006-10-17 13:24:59 UTC

DD35 Which of the following, if any, are required to be included in the optional referendum question?
f. Not applicable

Last updated: 2006-10-17 13:28:18 UTC

DD36 Which institution(s) decides on the final form of the ballot text for mandatory referendums?
c. President

Comments: Section 5 of the Referendum Act states that the President shall issue the writ of referendum which, inter alia, sets out the "matter on which the poll is to be taken".
Source: The Referendum Act of the Laws of Botswana, Chapter 02:10 section 5
Last updated: 2006-10-17 13:28:18 UTC

DD37 Which institution(s) decides on the final form of the ballot text for optional referendums?
f. Not applicable

Last updated: 2006-10-17 13:29:47 UTC

DD38 What, if any, are the quorum requirements for a mandatory referendum to be valid? Please specify numbers/percentages.
c. No quorum required x

Source: The Constitution, section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-18 12:15:28 UTC

DD39 What, if any, are the quorum requirements for a optional referendum to be valid? Please specify numbers/percentages.
d. Not applicable x

Last updated: 2006-10-18 12:15:28 UTC

DD40 What are the requirements for mandatory referendums to pass?
a. Simple majority (>50%)

Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3
Last updated: 2006-10-17 13:54:39 UTC

DD41 What are the requirements for optional referendums to pass?
e. Not applicable

Last updated: 2006-10-17 13:54:39 UTC

DD42 In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
g. None

Comments: Regulatory provisions are the same for a referendum as for a national election.
Source: The Referendum Act of the Laws of Botswana, Chapter 02:10; The Electoral Act Chapter 02:09
Last updated: 2006-10-17 13:59:28 UTC

DD43 When is the outcome of a mandatory referendum binding?
a. Always

Comments: In terms of section 33 (1) of the Referendum Act, the Secretary must notify the Clerk of the National Assembly of the results of the referendum and publish the results in the Government Gazette.
Source: The Constitution of Botswana, Section 89 (4); The Referendum Act of the Laws of Botswana, Chapter 02:10 section 3 and section 33
Last updated: 2006-10-17 14:02:29 UTC

DD44 When is the outcome of an optional referendum binding?
d. Not applicable

Last updated: 2006-10-17 14:02:29 UTC

DD45 Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD46 Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD47 Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
l. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD48 Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
l. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD49 Who may propose the registration of a citizens' initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD50 Who may propose the registration of an agenda initiative? Please specify in the “Comments” section below.
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD51 What material is necessary to accompany an application for registration?
e. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD52 Who determines the title of a citizens' initiative?
f. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD53 Who determines the title of an agenda initiative?
f. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD54 Which, if any, of the following disqualify a proposed title of an initiative?
h. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD55 Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
f. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD56 Under what circumstances is an initiative checked for constitutionality or legality?
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD57 If a check of the constitutionality or legality of an initiative takes place, who is responsible for undertaking it?
f. Other (specify)

Last updated: 2006-10-17 14:06:29 UTC

DD58 If a check of the constitutionality or legality of an initiative takes place, when does this happen?
f. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD59 Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens’ initiative?
g. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD60 At which stage in the initiative process, if at all, can alternative proposals be made?
e. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD61 What happens when there is a valid alternative proposal?
e. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD62 When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
f. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD63 Who decides the final ballot text?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD64 Once an initiative is qualified for the ballot, the vote on it takes place:
d. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD65 Which of the following individuals/positions may be subject to the recall mechanism?
k. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD66 What are the grounds upon which a recall may be launched?
g. Not applicable

Last updated: 2006-10-17 14:06:29 UTC

DD67 What restrictions, if any, are there in relation to the time period in which an individual/position can be recalled?
b. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD68 If a recall qualifies for the ballot, when is it put to the vote?
d. Not applicable

Last updated: 2006-10-17 14:28:59 UTC

DD69 When does the election to replace an individual who has been recalled take place?
c. Not applicable

Last updated: 2006-10-17 14:28:59 UTC

DD70 If a separate ballot to replace an individual who has been recalled takes place, how soon after the recall ballot is it held?
b. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD71 Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
c. Not applicable

Last updated: 2006-10-17 14:40:16 UTC

DD72 How many verified signatures are required to start the formal decision-making stage for an abrogative referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD73 How many verified signatures are required to start the formal decision-making stage for a rejective referendum (optional)? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD74 How many verified signatures are required to start the formal decision-making stage for a citizens' initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD75 How many verified signatures are required to start the formal decision-making stage for an agenda initiative? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD76 What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
c. Not applicable

Last updated: 2006-10-17 14:49:11 UTC

DD77 What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
c. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD78 What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
c. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD79 What is the deadline, if any, for collecting the required number of signatures after a proposal for an agenda initiative has been published?
c. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD80 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an abrogative referendum (optional)?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD81 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a rejective referendum (optional)?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD82 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a citizens' initiative?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD83 What restrictions, if any, apply in relation to the individuals who can sign the proposal for an agenda initiative?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD84 How many verified signatures are required to start the formal decision-making stage for a recall? Indicate figures in the appropriate boxes. If more than one answer exists for any individual box, explain in the comment section.
e. Not applicable X

Last updated: 2006-11-30 15:44:25 UTC

DD85 What is the deadline, if any, for collecting the required number of signatures after a proposal for recall has been published?
c. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD86 What restrictions, if any, apply in relation to the individuals who can sign the proposal for a recall?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD87 Where can proposals for an abrogative referendum (optional) be signed?
g. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD88 Where can proposals for a rejective referendum (optional) be signed?
g. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD89 Where can proposals for a citizens' initiative be signed?
g. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD90 Where can proposals for an agenda initiative be signed?
g. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD91 Where can proposals for a recall be signed?
g. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD92 What information must signatories provide when signing the proposal for an abrogative referendum (optional)?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD93 What information must signatories provide when signing the proposal for a rejective referendum (optional)?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD94 What information must signatories provide when signing the proposal for a citizens' initiative?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD95 What information must signatories provide when signing the proposal for an agenda initiative?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD96 What information must signatories provide when signing the proposal for a recall?
e. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD97 What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD98 What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

DD99 What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
f. Not applicable

Last updated: 2006-11-30 15:44:25 UTC

Electoral Management

EM01 Please provide the following contact information for the national electoral management body:
a. Name of Institution Independent Electoral Commission
b. Full Address Private Bag 00284, Gaborone, Botswana
c. Telephone +267 3612400
d. Facsimile +267 3900581/ +267 3905205
e. Email iecwebmaster@gov.bw
f. Website Address http://www.iec.gov.bw/
g. Name and Title of Chairperson/President Justice John Z. Mosojane
h. Information Officer The Secretary
i. Official language of the electoral law governing national elections English

Source: Independent Electoral Commission's official web site, [www] http://www.iec.gov.bw/.
Last updated: 2007-09-27 14:21:17 UTC

EM02 Does this national electoral body have the responsibility for elections at:
a. National level
c. Local level

Comments: In the Amendment Act from 1997, it says that the Commission shall be responsible for the conduct and supervision of elections of the elected members of the National Assembly and members of the local authority, and conduct of referendums.
Source: Constitution of Botswana 1966, Article 65A(12); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:51:53 UTC

EM04 The budget of the national electoral management body is determined by:
c. The legislature

Comments: The budget is determined by Parliament. The Electoral Commission is funded by the Ministry of Finance and Development Planning.
Source: Charles G. Mokobi, Former Deputy Secretary, Independent Electoral Commission of Botswana, tel. +267 361 2400, fax +267 300 581
Last updated: Thu, 30 May 2002 14:37:59 GMT

EM05 The expenditures of the national electoral management body are controlled by:
g. Other

Comments: The national electoral management body fully administers its budget subject to audit by the Auditor General. The Auditor General does not give directions but controls that the budget is transparent.
Last updated: 2007-09-28 06:43:51 UTC

EM06 The term of the members of the national electoral management body is:
b. For a term of _________ years

Comments: The term of office of the Commission is the period of two successive terms of Parliament, namely 10 years. The Secretary shall vacate his/her post upon reaching 65 years of age, or such other age as may be prescribed by an Act of Parliament.
Source: Constitution of Botswana 1966, Article 65A(12),66(7); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:52:53 UTC

EM08 According to official sources, what was the estimated overall cost (in US dollars if available) of the most recent national elections?
a. estimated total: 3421900
b. Exchange rate used 19,000,000BWP=3421900 USD

Comments: 3 421 900 USD (1 USD = 5,55 BWP)
Last updated: 2008-01-21 13:01:06 UTC

EM09 What was the total number of registered voters or, where there was no voter roll, the estimated number of eligible voters?
a. Total number: 459662

Last updated: 2008-01-21 13:01:06 UTC

EM10 What was the spending (in USD) per registered voter (NOT actual voters) or, where there was no voter roll, the estimated number of eligible voters at the last general elections?
a. USD/registered voter 7.5
b. Exchange rate used 1BWP=0,178US$

Last updated: 2007-09-11 09:02:10 UTC

EM11 What are the approximate proportions (%) of total election expenditure for the last national elections devoted to the following?
a. Voter registration and preparation of voter lists 10%
b. Election Management Body administration 58%
c. Staff/Equipment/Supplies 99%
d. Security 8%
e. Official funding of parties and candidates NIL
f. Voter education 94%
g. Materials/systems for and operation of voting stations and ballot counts 58%
h. Challenges, dispute resolution and legal costs NIL
i. Polling operations 58%
j. Vote tabulation Not Clear

Last updated: 2007-09-11 09:02:10 UTC

Electoral Systems

ES01 How is the Head of State selected?
a. Head of State is the Head of Government
d. Indirectly elected by legislature

Comments: The President is elected by every newly elected National Assembly to serve a five year term.
Source: Constitution of Botswana 1966, Article 30, 32, 42;[www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf
Last updated: 2007-09-28 08:18:10 UTC

ES02 How is the Head of Government selected?
c. Indirectly elected by legislature/chosen by parliament

Comments: The Head of Government (President) is elected by every newly elected National Assembly to serve a five year term.
Source: Constitution of Botswana 1966, Article 32; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf
Last updated: 2007-09-28 07:57:45 UTC

ES03 Does the country have a president?
a. Yes

Source: Constitution of Botswana 1966, Article 30; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 07:58:25 UTC

ES04 The national legislature consists of (one/two chambers):
b. Two chambers

Comments: Parliament consists of the President and the National Assembly. The House of Chiefs must be consulted on certain legislation.
Source: Constitution of Botswana 1966, Article 57, 85, 88(2); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:02:39 UTC

ES05 What is the electoral system for Chamber 1 of the national legislature?
a. Plurality (FPTP)

Comments: The National Assembly has 61 elected seats; 57 members are directly elected by universal adult suffrage, and 4 members are indirectly elected by the National Assembly from a list of candidates submitted by the President. The President and the Attorney General are ex officio members of the Assembly and the life of the Assembly is five years. The Speaker may be elected from outside the House.
Source: Constitution of Botswana 1966, Article 58, 91(3); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 08:18:10 UTC

ES11 If special constituencies or seats are reserved in Chamber 1, specify which interest groups, and the proportion of total seats reserved for:
e. Not applicable Na

Last updated: Thu, 09 May 2002 21:48:11 GMT

ES13 If special constituencies or seats are reserved in Chamber 2, specify which interest groups, and the proportion of total seats reserved:
a. Nationality or ethnic groups - proportion of total seats (%) 80

Last updated: 2007-09-07 10:50:50 UTC

Legislative Framework

LF01 What is the status of the electoral law governing national elections?
a. Part of Constitution
b. Separate legislation

Comments: These are: Constitution of Botswana 1966; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf. Electoral Act 1968, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf
Last updated: 2007-09-28 08:50:52 UTC

LF03 The national electoral law covers:
a. National elections
c. Local elections

Comments: Referenda are governed by the Referendum Act of 1987 while rural local elections (District Councils) are governed by the Local Government (District Councils) Act (CHAPTER 40:01).
Last updated: 2007-09-27 14:19:35 UTC

LF04 Is voting on the national level voluntary or compulsory?
a. Voting is voluntary

Source: Electoral Act 1968, 7; [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf
Last updated: 2007-09-28 08:50:52 UTC

LF07 What are the agency(ies) responsible for first level of formal electoral disputes?
a. Judiciary

Comments: Election petitions are heard by the High Court. Petitions must be submitted within 30 days of the announcement of the result disputed. If petitions are withdrawn the costs devolve on the petitioner.
Source: Electoral Act 1968, 119, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf
Last updated: 2007-09-28 08:50:52 UTC

Media and Elections

ME01 Please provide information about the person completing the questionnaire.
a. Name and Title: T. Seeletso
b. Job Title: Secretary
c. Organisation: "Independent Electoral Commission
d. Contact Address: The Secretary, Independent Electoral Commission, Private bag 00284, Gaborone, Botswana
e. Telephone: 00 267 361 2400
f. Facsimile: 00 267 39 00 581
g. Email: tseeletso@gov.bw

Last updated: 2006-11-30 08:32:52 UTC

ME11 What laws, if any, guarantee freedom of access to public information for representatives of the media?

Last updated: 2006-11-30 08:29:12 UTC

ME13 What are the laws, if any, which govern the operations of the public broadcaster? Specify the date of the latest version (including latest amendments)

Last updated: 2006-11-30 08:29:12 UTC

ME18 What are the laws, if any, that provide for the safeguards for editorial autonomy in relation to the public broadcaster(s)?

Last updated: 2006-11-30 08:29:12 UTC

ME19 What are the laws, if any, which govern the granting of broadcasting licenses/frequencies to private broadcasters?

Last updated: 2006-11-30 08:29:12 UTC

ME22 What are the legal conditions, if any, under which the activities of a media outlet may be suspended?

Last updated: 2006-11-30 08:29:12 UTC

ME37 What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
h. Not applicable

Comments: The law does not specify.
Last updated: 2007-09-27 10:10:31 UTC

ME38 What, if any, is the maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
b. The law does not specify any limits on paid advertising X

Comments: The law does not specify any limits on paid advertising
Last updated: 2007-09-11 12:39:46 UTC

ME55 What, if any, is the maximum amount that a presidential candidate is permitted to spend on paid advertising?

Last updated: 2006-11-30 08:29:12 UTC

ME56 What are the laws, if any, which govern the disclosure of campaign advertising expenditures by political parties and candidates?

Last updated: 2006-11-30 08:29:12 UTC

ME57 What, if any, is the maximum amount that a media outlet can charge parties/candidates for advertising during the campaign?

Last updated: 2006-11-30 08:29:12 UTC

ME58 How does this maximum amount (identified in question C.15.1) affect the political participation of smaller or newly formed parties?

Last updated: 2006-11-30 08:29:12 UTC

ME59 Are televised debates between candidates or party representatives normally conducted?
a. Yes, in presidential elections
b. Yes, in legislative elections

Last updated: 2007-09-11 12:43:19 UTC

ME60 What legal requirements, if any, regulate the participation of candidates or party representatives in media debates?

Last updated: 2006-11-30 08:29:12 UTC

ME62 What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
g. Not applicable

Comments: No legal restriction in place
Last updated: 2007-09-28 07:50:11 UTC

Parties and Candidates

PC01 What are the registration requirements for political parties running for national elections (Chamber 1)?
g. Not applicable

Comments: The the registration process in Botswana is both easy and quick. Application for registration must be made with the Registrar of Societies within 28 days of establishment or of the adoption of the constitution or of rules, regulations or by-laws. before processing an application the Registrar may require of the party additional information deemed necessary for the consideration of the application.
Source: Societies Act 1987, 6(1)-(4)
Last updated: 2007-09-28 07:25:44 UTC

PC02 What are the registration requirements for political parties running for national elections (Chamber 2)?
g. Not applicable

Comments: Parties are not represented in the House of Chiefs.
Source: Constitution of Botswana 1966, Article 77-79; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 09:04:52 UTC

PC03 What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
a. Age
b. Citizenship
d. Residence
f. Registration
i. Minimum level of literacy

Comments: a. The candidate must attain an age of 18 years i. The candidate must be able to speak and, unless incapacitated by blindness or other physical cause, to read English enough to take active part in the proceedings of the Assembly.
Source: Constitution of Botswana 1966, Article 61; [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 09:04:52 UTC

PC04 What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
a. Age
b. Citizenship
f. Registration
i. Minimum level of literacy

Comments: a. Must 21 years old or older i. The candidate must be able to speak and, unless incapacitated by blindness or other physical cause, to read English enough to take active part in the proceedings of the House of Chiefs. j.)Of 15 seats are 8 distributed to the chiefs of 8 designated tribes, 4 are elected sub-chiefs and 3 members are selected by the other 12 members.
Source: Constitution of Botswana 1966, Article 79(4);[www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 09:04:52 UTC

PC08 Can independent candidates compete in presidential or legislative elections?
e. In both presidential and legislative elections

Comments: In principle an independent candidate can compete for presidency but normally the person who becomes President is the one whose party's parliamentary candidates have a majority of parliamentary seats. This is because the President is elected indirectly by parliament.
Source: Molobe, Ennie, Parliament of Botswana, emolobe(a)gov.bw
Last updated: Thu, 30 May 2002 15:09:13 GMT

PC12 Do political parties receive direct/indirect public funding?
a. No

Comments: No public funding of political parties.
Last updated: 2007-09-27 09:45:50 UTC

PC15 What is the basis of the public funding?
f. Not applicable

Comments: No public funding of political parties.
Last updated: 2007-09-28 09:04:52 UTC

PC17 Are political parties entitled to private funding?
a. Yes

Comments: No law regulates political party funding or expenditure.
Last updated: 2007-09-27 09:58:14 UTC

Vote Counting

VC04 Following the close of the voting, where are the votes first sorted and counted?
c. At special counting centres

Comments: After the close of the poll, ballot boxes are sealed by the Presiding Officer, as well as by the candidates or their election agents, and sent to the returning officer.
Source: Electoral Act 1968, 65(1)-(4), [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf.
Last updated: 2007-09-28 09:06:31 UTC

VC11 Under what conditions are ballots recounted?
e. Court order

Comments: Election petitions are heard by the High Court. Petitions must be submitted within 30 days of the announcement of the result disputed. If petitions are withdrawn the costs devolve on the petitioner.
Source: Electoral Act 1968, 75-77, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf..
Last updated: 2007-09-28 09:07:00 UTC

VC16 If preliminary results are announced, how long after the close of polls is this done?
a. hours: 10

Last updated: 2007-09-11 12:12:05 UTC

Voter Education

VE01 Who conducts voter education and information campaigns at the national elections (informing where, when and how to register and vote)?
a. National Electoral Management Body

Comments: Although the IEC is not tasked by law with voter education,the IEC has set civic and voter education as one of its four goals.
Source: IEC UNDATED "IEC Commissioners" [www] http://www.iec.gov.bw/profile.html
Last updated: 2007-09-28 08:56:43 UTC

VE02 At the national level, how often are voter education programs conducted?
a. Continuously

Source: Charles G. Mokobi, Deputy Secretary, Independent Electoral Commission of Botswana, interview in Stockholm, 020701
Last updated: Mon, 09 Jul 2001 14:16:11 GMT

VE03 Is there a national civic education campaign (rights and responsibilities of citizens)?
b. Yes, conducted by the National Electoral Management Body

Comments: Although the IEC is not tasked by law with voter education the IEC has set civic and voter education as one of its four goals.
Source: IEC UNDATED "IEC Commissioners" [www] http://www.iec.gov.bw/profile.html
Last updated: 2007-09-28 08:57:28 UTC

Voting Operations

VO03 Where can electors vote?
a. At a specified polling station in the locality where they are registered at national elections

Source: Electoral Act 1968, 30, 30A, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf.
Last updated: 2007-09-28 09:03:27 UTC

VO04 Who can vote from outside the country?
c. Citizens outside the country (including those on vacation)

Comments: All citizens qualified to exercise the franchise, who are registered to vote and abroad on election day are entitled to vote
Source: Electoral Act 1968, 32, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf
Last updated: 2007-09-28 09:02:56 UTC

VO05 If voting outside the country is permitted, at what places?
a. Embassies
b. Consulates
c. Special polling stations

Comments: The requirement for a polling station to be established abroad is a minimum of 50 residents from Botswana living in that area.
Source: Charles G. Mokobi, Former Deputy Secretary, Independent Electoral Commission of Botswana, tel. +267 361 2400, fax +267 300 581
Last updated: Thu, 30 May 2002 15:19:42 GMT

VO10 Is there a maximum allowable voter capacity of a polling station for the national elections?
a. Yes, the maximum capacity is: 600

Last updated: 2007-09-28 07:04:45 UTC

VO11 How do electors cast their votes?
a. By manually marking the ballot

Source: Electoral Act 1968, 54(d), [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf.
Last updated: 2007-09-28 09:03:27 UTC

VO12 How many staff are assigned to each polling station?
a. The smallest polling station: 5
b. The largest polling station: 10

Last updated: 2007-09-28 07:04:45 UTC

VO13 Approximately how many hours of training were provided to the presiding polling officer for the most recent national elections?
a. hours: 8.5

Last updated: 2007-09-28 07:04:45 UTC

VO14 Approximately how many hours of training were provided to the other polling officials for the most recent national elections?
a. hours: 8.5

Last updated: 2007-09-28 07:04:45 UTC

Voter Registration

VR01 What is the legal voting age in the national elections?
c. 18

Source: Constitution of Botswana 1966, Article 67(1)(a);[www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 09:02:11 UTC

VR02 Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
a. Citizenship
b. Period of Residence

Source: Constitution of Botswana 1966, Section 67(1)(c); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf. Electoral Act 1968, 8A, [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf.
Last updated: 2007-09-28 09:02:11 UTC

VR04 Which is the authority responsible for the registration of voters for national elections?
d. Election Management Body (specify)

Comments: Independent Electoral Commission
Source: Constitution of Botswana 1966, Article 65A(12); [www] http://aceproject.org/ero-en/Constituition of Botswana 1966.pdf.
Last updated: 2007-09-28 07:47:19 UTC

VR08 Is it compulsory to be on the voters register?
b. No

Comments: Registration is voluntary and continuous.
Source: Electoral Act 1968, 9(3), [www] http://aceproject.org/ero-en/Electoral Act 1968.pdf.
Last updated: 2007-09-28 09:02:11 UTC

VR09 Approximately what percentage (on the basis of cost) of registration supplies and equipment are obtained or produced within the country?
a. Percentage: 96%

Last updated: 2007-09-11 10:19:38 UTC

May 20, 2008 07:18 AM