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Botswana

In law
23
In practice
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In the main, political finance is unregulated in Botswana. No direct or indirect mechanisms of public funding exist, and non-financial state resources are regularly abused during campaigns. Restrictions on contribution and expenditure exist, but are so outdated that the Independent Electoral Commission (IEC) has not enforced them for many years. According to the law, candidates are supposed to report their financial information after campaigns, but in practice, no such reporting occurs, as the IEC also declines to enforce these provisions. The political actions of third party actors are not at all regulated. The IEC is weak, and plays little role in the enforcement of political finance laws.

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    Direct and Indirect Public Funding

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      Direct Public Funding
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        Score
        NO
        In law, there is direct public funding for electoral campaigns.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba - Independent Electoral Commission - Principal Public Relations Officer, July 23 2014, Gaborone, telephone Interview

        Interview with Taolo Lucas - Botswana Congress Party (BCP) - Publicity Secretary, July 25 2014, Gaborone, personal interview

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        NO
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba - Independent Electoral Commission Principal Public Relations officer 23 July 2014, telephone Interview, Gaborone

        Interview with Taool Lucas - Botswana Congress Party Publicity Spokesperson July, 25 2014, personal interview, Gaborone

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        50
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        Not applicable, as no such law providing direct public funding of parties or candidates exists, and no such public funding is distributed in practice.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission Principal Spokesperson, 23 July 2014

        Interview with Bagalatia Arone, Member of Parliamement for Okavango, 26 July 2014

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        50
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        Not applicable, as no such law providing direct public funding of parties or candidates exists, and no such public funding is distributed in practice.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        Interview with Log Raditlhokwa - Political Analyst - University of Botswana, July 24 2014, Telephone interview, Gaborone

        Interview with Osupile Maroba - Independent Electoral Commission, Principal Public Relations Officer, July 23 2014, telephone interview, Gaborone

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      Indirect Public Funding
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        5
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        NO
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        No such law exists.

        The Public Service Act prohibits public servants from engaging in partisan politics. According to Section 37 (d) civil servants should not to engage in any activity outside his official duties which is likely to involve him in political controversy or to lead to his taking improper advantage of his position in the public service. However, the Act is a mechanism for public servants only. This means that the political leadership is exempted from the provisions of the Act. Indeed, according to sources, the Government's Green Book, a secretive document held by the Government that is not publicly available, exempts the President and Vice President from the "General Orders Governing the Conditions of the Public Service Act." As such, the discretionary use of state resources is permitted.

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        Interview with Anthony Morima, Legal Expert - Mosireletsi Legal Guard, and political analyst, July, 28 2014, one on one interview, Gaborone

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission 23, July 2014, Telephone interview

        Public Service Act, 2008, Section 37(d). http://www.dpsm.gov.bw/index.php?option=com_content&view=article&id=125:news&catid=207:try&Itemid=178

        Botswanan Government Green Book. Despite requests to the Government, no further details are available.

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        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        In practice there are a few documented instances whereby members of the ruling party have been accused of using state resources to campaign for their political parties or individuals within the ruling party. in Botswana the ruling party appointed individuals have access to resources.

        A well publicised case involves the flying of government helicopters by the president who is also a trained pilot. Khama has been flying Botswana Defence Force helicopters ever since he left the army in 1998. The case was reported to the office of the Ombudsman few years ago but he (the Ombudsman) failed to reign in the president. The Kgatleng District councillors raised the issue with the office of the Ombudsman according to a Sunday Standard report of September 29, 2013. According to political analyst Log Raditlhokwa, Khama continues to fly Government helicopters to campaign across the country.

        In another recent incident the president was accused of using the state resources during an official visit to a city called Francistown. According to Sunday Standard newspaper dated July 22 2014, the president addressed a political rally attended by government employees who are barred from partisan politics according to the Public Service Act, 2008, Act No.30 of 2008, Section 37. The office of the president is however on record denying that the the president was using government employees in his campaigns. The opposition view this as a move by Khama to campaign for the ruling Botswana Democratic Party candidates ahead of this year's October 24 General elections.


        Peer reviewer comment: Agree. Cases of clearly defined exceptions are not equally accessible to all actors in that only the incumbent President and his Vice President are allowed full-time access to State resources for electoral campaigns, a privilege that is not extended to his competitors. The State provides the President and his Vice President with 24/7 security, transport(road and air) and accomodation while carrying out political campaigns. More cases continue to be reported in the ongoing campaign as President Khama and his Vice Ponatshego Kediklwe continue a nationwide tour of campaign. According to the national television station, BTV, the president arrived in a State helicopter on 23 August at Mosolotshane village to address a political campaign. He also used the helicopter on 23 September to travel to Ghanzi for a political rally and campaign. In October 2014, photos showing Botswana Democratic Party campaign team use of Botswana Defense Force aircraft.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        Interview with Taolo Lucas - Botswana Congress Party , Publicity Secretary, July 23 2014, Sit down interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana Political analyst, July 24 2014, Telephone interview, Gaborone

        'Ombudsman grilled over Khama’s alleged abuse of state property', Sunday Standard, Calistus Bosaletswe, September 29, 2013. http://www.sundaystandard.info/article.php?NewsID=18063&GroupID=1

        Khama’s dirty tricks campaign defiles the Kgotla, Sunday Standard, Phaladi Letswamotse, August, 22, 2014 http://www.sundaystandard.info/article.php?NewsID=20579&GroupID=1

        Reviewer's sources: Phaladi Letswamotse, "Khama’s crew breached BDF protocol - Seretse", Sunday Standard, 6/10/14, http://www.sundaystandard.info/article.php?NewsID=21166&GroupID=1

        Portia Ngwako, "One law for the BDP", The Voice, October 3, 2014, http://www.thevoicebw.com/2014/10/03/one-law-bdp/

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        NO
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        Interview with Anthony Morima - Legal Expert and political, Mosireletsi Legal Guard, 25 July 2014, sit down interview, Gaborone

        interview with Joel Konopo, Editor, Botswana Guardian, 26 July 2014. Sit down interview, Gaborone

        Interview with Buyani Zongwane, National Director, Media Institute of Southern Africa, August 09, 2014, Phone interview, Gaborone

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        50
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        Not directly applicable, as no such law providing free or subsidized airtime to parties or candidates exists, and no such airtime is distributed in practice.

        In Botswana there is no free airtime for political parties except where a program/dabate is initiated by a particular radio station or local television, Botswana Guardian editor Joel Konopo has said. He said a trend in the public broadcaster is to provide more coverage to the ruling party than other opposition parties. However the government broadcaster has embarked on nation wide debate for all parliamentary candidates that will be taking part in this year's general election, this was announced by the government's newspaper the Daily News on the 24th June 2014

        Politicians are forced to pay for costly airtime in both public and private radio and TV stations at a normal rate, Media Institute of Southern Africa Buyani Zongwane has said. There is no special dispensation or offers for political parties, he said. Within the government media issues of transparency and equitable allocation of airtime do not apply because attention is mostly given to the ruling party, he said. On the April, 13 2014, opposition parliamentarians complained that 'unfair and inequitable news coverage by the state media has tilted the political playing field in favour of the ruling BDP'.


        Peer Reviewer comment: Agree. There is no equitable access to air time because the policy of BTV, whch is the only national television station in the country, dictates that the incumbent president should get prominent news coverage on all his public activities while this previlege is not extended to his competitors and this thus gives the ruling party an edge over its competitors.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources

        Interview Buyani Zongwane, National Director, Media Institute of Southern Africa, July 28 2014, Telephone Interview, Gaborone

        Joel Konopo, Editor, Botswana Guardian July 26, 2014, sit down interview, Ganorone

        Anthony Morima, Legal Expert, Mosireletsi Legal, July 24 2014, Sit down interview, Ganorone

        Public media gears up for 2014 general elections, Daily News, Press Statement, June 24, 2014, http://www.dailynews.gov.bw/news-details.php?nid=12378

        “Here is the news read by Ian Khama”, Sunday Standard, John Regonamanye, April 13, 2014, http://www.sundaystandard.info/article.php?NewsID=19673&GroupID=1

        Reviewer's sources:

        Interview with Joe Serema, Secretary for BMD Publicity Committee. 26 September 2014, Gaborone.

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    Contribution and Expenditure Restrictions

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      General Rules on Electoral Campaign Contributions
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        NO
        In law, cash contributions are banned.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission July 23, 2014, telephone interview, Gaborone

        Log Raditlhokwa, Political Analyst, University of Botswana, July 25, 2014, telephone Interview, Gaborone

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        10
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        NO
        In law, there is a ban on anonymous contributions.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 23, 2014, Telephone interview, Gaborone

        Interview with Log Raditlhokwa Political Analyst, University of Botswana, July 25 2014, Telephone interview, Gaborone

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        11
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        YES
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        According to the electoral act, Section 84 (1) "All money provided by an association or group of persons or by any person for the election expenses of a candidate, whether as a gift, loan, advance or deposit, shall be paid or promised to the candidate or his election agent and not otherwise and shall be fully disclose, whether paid or promised, in the return be fully disclosed, paid or promised, in the return respecting election expenses made...."

        The Independent Electoral Commission agrees that 'gift' is understood to include all in-kind donations, and thus that all in-kind donations are required by law to be reported to the Independent Electoral Commission. However, the IEC also admitted that this has not been enforced for many years.

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Electoral Act, 1968, Chapter 02:09, Sub Section 84. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, Telephone interview, Gaborone

        Interview with Anthony Moriama, Legal Analyst, Mosireletsi Legal Guard, July 26, 2014, Sit down interview

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        YES
        In law, loans to political parties and individual candidates must be reported.More about indicator

        According to the electoral act, Section 84 (1) "All money provided by an association or group of persons or by any person for the election expenses of a candidate, whether as a gift, loan, advance or deposit, shall be paid or promised to the candidate or his election agent and not otherwise and shall be fully disclose, whether paid or promised, in the return be fully disclosed, paid or promised, in the return respecting election expenses made...."

        According to Maroba of IEC while legally candidates are required to declare loans, this has not been enforced since the act was established in 1965. The IEC has decided not to enforce the law, though there is no legal instrument or order that stopped enforcement.


        Peer Reviewer comment: Agree. The law still exists and there has never been any legal amendement to scrap it off the Electoral Act. A party member also reports that while they are aware of the existence of such requirement by law, his party has never upheld that requirement because even the IEC who are supposed to be reported to have no set up structures at their offices to handle such cases.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Electoral Act, 1968, Chapter 02:09, Sub Section 84(1). http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, telephone interview, Gaborone

        Interview with Anthony Moriama, Legal Analyst, Mosireletsi Legal Guard, July 26, 2014, sit down interview, Gaborone

        Reviewer's sources:

        Interview with Catherine Hule, Attorney-at-law. Chilisa Legal Consultants. 27 September 2014 Telephone interview, Gaborone.
        Interview with Wynter Mmolotsi, BMD Vice President, immediate past Mp and aspiring candidate.

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      Limits on Contributions and Expenditures during Electoral Campaign Periods
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        NO
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, Telephone interview, Gaborone

        Interview with Anthony Moriama, Legal Analyst, Mosireletsi Legal Guard, July 26, 2014, sit down interview, Gaborone

        Interview with Log Raditlhokwa, Political Analyst, University of Botswana, July 25 2014, telephone interview, Gaborone.

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        NO
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, telephone, Gaborone

        Interview with Anthony Moriama, Legal Analyst, Mosireletsi Legal Guard, July 26, 2014, sit down interview, Gaborone

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        NO
        In law, contributions from foreign sources are banned.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, telephone interview, Gaborone

        Interview with Anthony Moriama, Legal Analyst, Mosireletsi Legal Guard, July 26, 2014, sit down interview, Gaborone

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        NO
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, 2014, telephone interview, Gaborone

        Interview with Ketlhalefile Motshegwa trade unionist and deputy secretary general Botswana Federation of Public Sector Trade Unions, July 25, 2014, sit down interview, Gaborone

        Interview with Log Raditlhokwa, Political Analyst, University of Botswana, July 25 2014, telephone interview, Gaborone

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        MODERATE
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        According to the Electoral Act Section 81, "the election expenses of any candidate shall not exceed P50 000 ($6000)". There is no legal spending limit for political parties.

        However, the Independent Electoral Commission spokesperson Osupile Maroba is quick to point out that this low limit is unenforceable and as such for more than two decades the commission has not bothered to enforce this law.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Electoral Act, 1968, Chapter 02:09, Part VIII, Sub section 81. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, telephone interview, Gaborone

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        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        The electoral act is the only instrument that have subsections that deals with few elements of political finance regulations - this however is limited to election campaigns. The act gives the amount in which each candidate should use in a single campaign (P50000 or $6 000) and that after the elections the candidates should submit their returns to the IEC. As noted earlier this law is not implemented mainly because the Independent Electoral Commission (IEC) feels that the regulations are outdated and unenforceable.

        Be that as it may the electoral act is designed specifically for all election candidates, be it at council and parliamentary level. In the case of Botswana general election or national elections refers to Parliamentary and council elections combined, Osupile Maroba of IEC explained. Botswana does not have direct presidential elections, the president is elected by parliament or a party with majority of parliamentarians. Therefore there are no laws for sub-national election campaigns.

        Political analyst Log Raditlhokwa however feels that they should be clear regulations regulating the elections at all levels. Further, he has called for a law regulating party funding.


        Peer Reviewer comment: Agree. The national laws regulating political finance apply equally to national and sub-national elections (Local Council elections). Parliamentary candidate for Maun West Tawana Moremi puts his campaign cost estimation at P200 000 while a council candidate (sub-national) Galaletsang Mhapha also puts his estimation in almost the same amount at P180 00. This goes to show there are no regulations or laws in place to set a clear cut line between political finace between the two even as they campaign for two different levels of political representation.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        Electoral Act, 1968, Chapter 02:09, Part VIII, Sub section 81. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, telephone interview, Gaborone

        Interview with Log Raditlhokwa, Political Analyst, University of Botswana, July 25 2014, telephone interview, Gaborone,

        Reviewer's sources: Telephone interview with Tawana Moremi, Parliamentary candidate Maun West, 29 September 2014. Telephone interview with Galaletsang Mhapha, council candidate Kgosing Ward, 29 September 2014.

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        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        Political parties and individual candidates in Botswana receive millions of Pula (Dollars) during campaigns from several sources that we may never know their true identity. The mere fact that Botswana does not have laws forcing parties and candidates to disclose their campaign finance is making it difficult for researchers, journalists, scholars and other interested parties to establish the source of their political funding, Botswana Guardian Editor Joel Konopo has said.

        Despite this millions of Pula continue to be used in every election by political parties, in particular the ruling Botswana Democratic Party (BDP). Other political parties often have funds limitation going into elections. When launching its election campaign in April 2014, the ruling party unveiled 63 vehicles valued at more than P18 million ($2million). The big question was where did the ruling party get the funds from. Botswana Guardian newspaper has speculated that the bulk of the funds maybe from the business community. In its article dated 15 April 2014 under the headline 'Inside the BDP Millions' Botswana Guardian speculates that several companies often fund the ruling party campaigns. It reported that in the past diamond company De Beers Mining Company has funded party campaigns. In the upcoming elections (October 2014) the party intends to use hundreds of millions to campaign. It should also be noted that the party also receive money from its primary election candidates. The primary election candidates are forced to pay participation fees. According to Echo newspaper the party raised P11.3 million ($1.5Million) from the primary election candidates (both at council and parliamentary level).

        Other political parties are finding it difficult to survive in a situation whereby the ruling party has this unfair advantage, University of Botswana Lecturer Log Raditlhokwa has said. The opposition political parties rely on small contributions from members, says the Botswana Congress Party Spokesperson Taolo Lucas. He says that the party doesn't have enough funds for election campaigns as compared to the ruling Botswana Democratic Party.

        According to Umbrella for Democratic Change - another major opposition party its candidates are supposed to raise funds for themselves. The party's leaders are quoted in The Voice newspaper of October 18 2013 calling on members to fund their own campaigns. The situation is different at the ruling Botswana Democratic Party - according to the party's senior member and Member of Parliament for Gaborone Bonnington South, while the party expects candidates contesting elections under their ticket to raise money for their campaigns, the party further assist the candidates with resources such as vehicles, fuel, campaign material such as T-Shirts, caps, posters and billboards.

        Of all the political parties in Botswana, the ruling party is the only political organization that is generating money elsewhere other than from secret funders, and members. The party is currently in real estate business. The party has a huge building that it is currently renting it out to a major telecommunication company, Botswana Guardian has reported that the party receives P60 000 ($7000) per month from the company.

        Botswana Congress Party publicity secretary has said that his party often receive technical assistance or funds from the British Labour Party through the Westminster Foundation for Democracy. According to Lucas the funds are only used for the training of the BCP candidates and not for campaigns.


        Peer Reviewer comment: Agree. According to BDP parliamentary candidate for Shashe West Fidelis Molao, his party meets them half way in financing their campaigns. The party provides a vehicle for each constituency and pays for fuel, billboards and other campaign material such as posters. As candidates they then source their own funding for other activities aimed at boosting thier campaigns. such activities including organising music festivals where they invite musicians to perfom at their political rallies.

        The party generates funds through rentals from some of its buildings that it has leased out as offices to organizations. The party also sources funds from private bussiness entitities and contributions from members.

        The picture is rather gloomy when it comes to candidates in the opposition parties. According to opposition Umbrella For Democratic Change candidate for Francistown South Wynter Mmolotsi, their party has no funds to assist candidates and as such they have to rely family resources and assistance from friends and well wishers. Because as opposition MPs they are few in number, the monthly contributions they make to the party go towards the party's administration requirements such as office rentals, utilities such as water and electricity bills and payment of salaries for administration staff. As a party they some times host events such as gala dinners to try and raise funds for the party. Mmolotsi estimates he personally spent P60 000 just on his launch and that is just the amount spent to prepare for a one day event.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        Inside BDP's secret millions, Botswana Guardian, BG reporter, April 15 2014 http://botswanaguardian.co.bw/news/886-inside-bdp-s-secret-millions.html

        New BDP members dominate Bulela Ditswe applications , Echoonline, Tsaone Basimanebotlhe, August 30, 2013 http://www.echoonline.co.bw/index/index.php/local-news/item/437-new-bdp-members-dominate-bulela-ditswe-applications

        YOU ARE ON YOUR OWN, The Voice, The VOICEBW, October 18, 2013 http://www.thevoicebw.com/2013/10/18/you-are-on-your-own/

        Interview with Log Raditlhokwa, Political Analyst, University of Botswana, July 25 2014, telephone interview, Gaborone,

        Interview with Taolo Lucas, Botswana Congress Party, Publicity Secretary, sit in interview, July 26, 2014, Gaborone

        Electoral Act, Chapter 02:09, Part VIII, Sub section 81. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations, July 24, telephone interview, Gaborone

        Interview with Botsalo Ntuane, the ruling Botswana Democratic Party parliamentary candidate for Gaborone Bonnignton South, and also current Member of Parliament for the constituency, July 29 2014, telephone interview

        Reviewer's sources: Telephone nterview with Fiedelis Molao, past Botswana Democtratic Party Member of Parliament and candidate for Shashe West, 27 September 2014.
        Telephone interview with Wynter Mmolotsi, past Umbrella for Democratic Change Member of Parliament and candidate for Francistown West, 29 September 2014.

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        20
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        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        No such laws are enforced. According to the Electoral Act Section 81, "the election expenses of any candidate shall not exceed P50 000 ($6000)" but the Independent Electoral Commission spokesperson Osupile Maroba is quick to point out that this is unenforceable and as such for more than two decades the commission has not bothered to enforce this law. He said this is particularly because the amount is too little for a fully fledged campaign. As such candidates are allowed to spend as much as they can during campaigns. Political analyst Log Raditlhokwa believes that the current situation whereby the maximum funds to be used is capped at P50 000 is undesirable, but commended IEC for not implementing the law.

        While Maroba could not readily give figures the ruling party Member of Parliament for Gaborone Bonnington South Botsalo Ntuane believes that a fully fledged campaign should cost an individual between P500 000 and P700 000 ($55 000 - $75 000) per election. He says that he has already used more than P200 000 ($ 16 000) in his re-election campaign, but he is awaiting for funding from the party. For the BDP candidates, the party assists with fuel, vehicles, billboards, and T-shirts.

        The situation is completely different with opposition candidates who recieve liitle or no financial assistance from their political parties. According to Taolo Lucas a Botswana Congress Party candidate for Bobonong constituency, in the last 2009 general elections he used more than P100 000 in his unsuccessful bid to be a legislator. In this year's elections he says that he intends to use more than P150 000. He says that more than 70% of the funds comes from his family coffers while around 30% are donations from well wishers and party members.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, July 23, telephone interview, Gaborone

        Interview with Log Raditlhokwa, Political Analyst, University of Botswana, July 25, 2014, telephone interview, Gaborone

        Electoral Act, 1968, Chapter 02:09, Part VIII, Sub section 81. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Botsalo Ntuane, the ruling Botswana Democratic Party parliamentary candidate for Gaborone Bonnignton South, and also current Member of Parliament for the constituency, July 29 2014, telephone interview

        Interview with Taolo Lucas, Botswana Congress Party, Publicity Secretary, sit in interview, July 26, 2014, Gaborone

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    Reporting and Public Disclosure

    More about category
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    8
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      Reporting Requirements to the Oversight Entity
      More about category
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        21
        Score
        MODERATE
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        According to the Electoral Act, Chapter 02:09, Section 87, "Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- (a) all his election expenses which have been paid; (b) all his election expenses which are unpaid and undisputed; (c) all claims for election expenses which are disputed by the candidates; (d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money (section 85 requires that "every payment made in respect of any election expenses shall...be vouched for by a bill stating the particulars and by a receipt or some other evidence of payment"); (e) any amount apportioned to him under the provisions of section 86, together with all relevant bills, invoices and receipts relating to the expenses referred to in paragraphs (a), (b) and (c). If no election expenses have been incurred the candidate shall, in an affidavit, render a return to that effect to the returning officer within the period aforesaid.

        According to the Electoral Act, Chapter 02:09, Section 85, "Every payment in respect of any election shall, except where less than P10 (USS$1.3) in all in any account be vouched for by a bill stating the particulars and by a receipt or some other evidence of payment."

        Section 86 (1) "With the consent of the candidates concerned, a political party or organization may incur expenditure on the advertisement of candidates sponsored by such party or organization and their meetings and in that shall - (a) Apportion the expenditure between such candidates as it thinks fit; and (b) within 30 days after polling day in the election inform each candidate of the amount so apportioned to him."

        The requiremnents as outlined in Section 87 of the Electoral Act for reporting election expenses applies only for electoral campaigns - there is no requirement for reporting outside of campaigns.

        The Independent Electoral Commission Principal Public Relations Officer Osupile Maroba maintains that while the Electoral Act calls for contributions and expenses to be reported to IEC, this part of the law has never been enforced.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        The Electoral Act, 1968, Chapter 02:09 Section 85-87. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, July 23, 2014, Telephone Interview, Gaborone

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        22
        Score
        NO
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        No such law exists. According to the Electoral Act, Chapter 02:09, Section 87, "Within 90 days after the result of any election has been declared every candidate at that election shall render to the returning officer a true return in such form as the Secretary may direct and verified by his affidavit showing- (a) all his election expenses which have been paid; (b) all his election expenses which are unpaid and undisputed; (c) all claims for election expenses which are disputed by the candidates; (d) all money which, under the provisions of section 85, he is required to disclose in the return and the name of the person from whom he has received such money; (e) any amount apportioned to him under the provisions of section 86, together with all relevant bills, invoices and receipts relating to the expenses referred to in paragraphs (a), (b) and (c). If no election expenses have been incurred the candidate shall, in an affidavit, render a return to that effect to the returning officer within the period aforesaid.

        According to the Electoral Act, Chapter 02:09, Section 85, "Every payment in respect of any election shall, except where less than P10 (USS$1.3) in all in any account be vouched for by a bill stating the particulars and by a receipt or some other evidence of payment."

        Section 86 (1) "With the consent of the candidates concerned, a political party or organization may incure expenditure on the advertisement of candidates sponsored by such party or organization and their meetings and in that shall - (a) Apportion the expenditure between such candidates as it thinks fit; and (b) within 30 days after polling day in the election inform each candidate of the amount so apportioned to him."

        The Independent Electoral Commission Principal Public Relations Officer Osupile Maroba maintains that while the Electoral Act calls for contributions and expenses to be reported to IEC, this part of the law has never been enforced. Sources interviewed have also noted that the law is silent on the length of the electoral campaign. In other words there is no law setting out the period for campaigns, and campaigns are always on going and not restricted by any laws.


        Peer Reviewer comment: Agree. While in law, there is a requirement to submit a post election report, in practice such never happens. In terms of the length of the election or campaign period, the only campaign period stipulated in law is that there shall be no camapigning on the day of election. This therfore means there is no set time for the period of campaigning and candidates and parties are free to campaign for as long as they wish, save only on the day of election.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        The Electoral Act, 1968, Chapter 02:09 Section 87. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, July 29, 2014, Telephone interview, Gaborone

        Interview with Anthony Morima, Lawyer, Mosireletsi Legal Guard, July 29, 2014, telephone interview Gaborone Botswana

        Reviewer's sources: Interview with Daniel Kwelagobe, long serving MP and candidate for Molepolole South, 30 September 2014, Gaborone.

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        23
        Score
        NO
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, Telephone interview, Gaborone

        Interview with Anthony Morima, Mosireletsi Legal Guard, lawyer, July 29, 2014, Telephone Interview

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        24
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        0
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        According to the Independent Electoral Commission political parties and individual candidates are not required to report itemized financial information at any given time. While the law clearly states that candidates should report financial information after general elections, this hasn't been enforced.


        Peer Reviewer comment: Politicians agree that while the law requires them to submit financial information after election, such has never been put into practice.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, telephone interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana, Political Analyst, July 29, 2014, telephone interview Gaborone

        Interview with Anthony Morima, Mosireletsi Legal Guard, Lawyer, August 01, 2014 telephone interview, Gaborone

        Reviewer's sources: Interview with Tawana Moremi, parliamentary candidate Maun West,29 September 2014, telephone interview.
        Interview with Wynter Mmolotsi, parliamentary candidate Francistown West, 29 September 2014, telephone interview.
        Interview with Fidelis Molao, parliamentary candidate Shashe West,29 September 2014, telephone interview.

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        25
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        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        Political parties and individual candidates are not required under any condition or situation to disclose their types of contributions. Though there are legal provisions on post election reports for candidates, these have never been enfoced. After the 2009 no political party or candidate submitted reports to IEC.

        According to Taolo Lucas of Botswana Congress Party this non-disclosure means that the ruling party would always have an upper hand and receive more donations than the opposition parties.


        Peer Reviewer comment: Agree. According to politicians, no such requirement exists and therefore they have never felt compelled to submit financial reports that include all types of contributions. For instance, it is reported that the ruling party has continued to recieve in kind contributions such as food from supermarkets, and these contributions are not disclosed.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, telephone interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana, Political Analyst, July 29, 2014, telephone interview Gaborone

        Interview with Anthony Morima, Mosireletsi Legal Guard, Lawyer, August 01, 2014 telephone interview, Gaborone

        Interview with Taolo Lucas, Botswana Congress Party, Publicity Secretary and parliamentary candidate for Bobirwa constituency, sit down interview, August 4, 2014

        Reviewer's sources: Interview with Wynter Mmolotsi Mmolotsi, BMD Vice President. 29 September 2014, telephone interview. Interview with Tawana Moremi, UDC parilamentary candidate and past immediate MP for Maun West, 29 September 2014, telephone interview.

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      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
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        26
        Score
        NO
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        No such law exists.

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, telephone interview, Gaborone

        Interview with Anthony Morima, Mosireletsi Legal Guard, Lawyer, August 01, 2014 telephone interview, Gaborone

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        27
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        0
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        Without any access to public information laws, it is almost impossible for ordinary citizens to access financial information of political parties and individual candidates, Buyani Zongwane of Media Institute of Southern Africa has said. Parties and candidates are also not forced to release their financial statements to the public, he said adding that in Botswana no political party (or individual candidate) has ever released its full financial records to the public.

        According to Joel Konopo an editor with Botswana Guardian - a weekly newspaper - it is an uphill battle to get hold of financial records for parties and individual candidates. He says unless these records are leaked there is no way of getting them. Konopo however says that political parties often disclose their financial records to selected party delegates during their annual congresses and conferences. This information which is hidden from the media, does not include campaign funds, but covers the daily operations of political parties.

        Osupile Maroba of Independent Electoral Commission confirmed that there are no laws forcing parties and individual candidates to disclose their campaign financial records to the public, and that in practice, there is no such public disclosure.


        Peer Reviewer comment: Agree. Citizens are only left to rely on information from the media who at times publish information that is leaked to them by their sources. It is always difficult to rely on this information because there are always questions about its authenticity.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, telephone interview, Gaborone

        Interview with Buyani Zongwane, Media Institute of Southern Africa, National Director, , telephone interview, August 02, 2014, Gaborone.

        Interview with Joel Konopo, Editor, Botswana Guardian, August 01, 2014, Sit down interview, Gaborone

        Reviewer's sources: Interview with Wynter Mmolotsi, BMD Vice President and Mp candidate for Francistown South, 29 September 2014, telephone interview.

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        28
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        0
        In practice, to what extent is financial information published in a standardized format?More about indicator

        Financial information is not available in any standardized format whatsoever. No financial information is published by political parties or individual candidates. There are no legal instruments to force political parties or candidates to publish such information.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        Interview with Buyani Zongwane, Media Institute of Southern Africa, National Director, , telephone interview, August, 02 2014, Gaborone.

        Interview with Joel Konopo, Editor, Botswana Guardian, August 01, 2014, Sit down interview, Gaborone

        Interview with Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 2, 2014, telephone interview, Gaborone

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        29
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        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        Media activist Buyani Zongwane says that since financial records for politicians and candidates are not available publicly (nor are any reports returned to the IEC), the mainstream media has not used any political finance data in their reporting. Botswana Guardian editor Joel Konopo agrees adding that in Botswana political parties and the Independent Electoral Commission are not forced by any legal instruments to publish any finance data of political parties or candidates. According to Konopo it is common for journalists to use leaked financial information of the ruling party rather than opposition parties. The leaks appear to come from the ruling party most of the time. Again it is difficult to get hold of financial information of individual candidates, and any political finance information is very rare to come by.


        Peer Reviewer comment: Agree. According to a senior reporter, it is difficult to report on political finance data due to the fact that there is no law that forces politicians to share such information. They are at the mercy of politicians who may willingly share such information out of their own discretion.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        Interview with Buyani Zongwane, Media Institute of Southern Africa, National Director, telephone interview, August, 02 2014, Gaborone.

        Interview with Joel Konopo, Editor, Botswana Guardian, August 01, 2014, Sit down interview, Gaborone

        Interview with Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 2, 2014, telephone interview, Gaborone

        Reviewer's sources: Interview with Victor Baatweng, Senior Bussiness Reporter Sunday Standard and Telegraph Nwespapers 26 September 2014, Gaborone.

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        30
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        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        There were no reports of violations or abuses of political finance laws mainly because the country does not have comprehensive political finance laws in place, Joel Konopo of Botswana Guardian has said. The electoral act, which the Independent Electoral Commission has said is outdated has clauses that talks about finance violations, but hasn't been enforced in a long time. IEC doubts if it was ever enforced. He is supported by Buyani Zongwane of Media Institute of Southern Africa and Anthony Morima a newspaper columnist and legal expert with Mosireletsi Legal Guard.

        As the laws on expenditure restrictions and post-election reports are not enforced, it is clear that these laws are routinely violated (see indicator 20). However, there are no such news reports or clearly documented incidents of such violations, as the regulations are not enforced.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        Interview with Buyani Zongwane, Media Institute of Southern Africa, National Director, , telephone interview, August, 02 2014, Gaborone.

        Interview with Joel Konopo, Editor, Botswana Guardian, August 01, 2014, Sit down interview, Gaborone

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, July 24, 2014, telephone interview, Gaborone

        Interview with Anthony Morima. Mosireletsi Legal Guard, August 2, 2014, telephone interview, Gaborone

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        31
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        50
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        According to Joel Konopo, an editor with Botswana Guardian for over the years the ruling Botswana Democratic Party has been accused of buying votes. He says the accusation has has been ongoing during every general election since the country gained independence in 1965. Because there are no laws against this no one has been found guilty of vote buying in the country, he says.

        According to a Sunday Standard report dated April 11, 2013, the ruling party was accused by Botswana National Front for vote buying following a by-election which was won by the ruling party. Botswana National Front's main complaint was that the ruling party may have used food parcels to entice votes to vote for them. The ruling party according to the report refuted allegations of vote buying.

        Further the Botswana Movement for Democracy (BMD) earlier in 2014 accused the ruling party of buying votes buy purchasing radio sets for the elderly. According to the party this is the ruling party strategy for the up coming October 24, 2014 General Elections.

        Nothwitstanding that allegations of votebuying are always raised by the opposition but without substantive evidence. So it is very difficult to say with certainity that these cases actually happened, but it is confirmed that allegations have been raised and have always been raised every election year by the opposition.


        Peer Review comment: Agree. Allegations of vote-buying continue to be reported, however it always becomes difficult to substantiate the allegations because in all cases, the people accused of buying elections always refute such allegations. During election time like in the current situation candidates go around donating freebies, donating computers to schools,donating to T-shirts to people, sponsoring soccer tournaments and while this is viewed as vote-buying by other people, the politicians maintain this is just a way of giving back to their communities. This is depsite the fact that these donations only become rampant during election time. One example of accusations of vote-buying involves BDP parliamentary candidate for Tonota South, Thapelo Olopeng who during this campaign period alone donated hundreds of blankets to residents in his constituency. Such windfalls only come during campaign period. For the 4 years before elections politicians are never generous with their gifts to the community and it is only in the 5th year (election year) that they go on the rampage doling out items/gifts (blankets, food baskets, soccer balls, free alcohol, assistance at funerals etc) to their communities

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        BNF mulls challenging Letlhakeng results in High Court, Khonani Onkabetse, Sunday Standard, April 11, 2013, http://www.sundaystandard.info/article.php?NewsID=16605&GroupID=1

        BMD accuses BDP of buying votes with radio donations, GabzFM, May 16, 2014, http://www.gabzfm.com/bmd-accuses-bdp-buying-votes-radio-donations

        Interview with Konopo Joel, Editor, Botswana Guardian, August 02, 2014, Sit down interview Gaborone

        Reviewer's sources:

        "Lessons from Letlhakeng West by-elections", Keorapetse Dithapelo, Botswana Gazette, May 20, 2013. http://www.gazettebw.com/?p=1429

        "Of UCCSA and Khama’s blankets-for-votes", Dithapelo Keorapetse, Sunday Standard, March 21, 2013. http://www.sundaystandard.info/article.php?NewsID=16455&GroupID=5

        "Olopeng in Charm Offensive", The Midweek Sun, http://themidweeksun.co.bw/midweeksun/ghetto-metro/3674-olopeng-in-charm-offensive

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        32
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        0
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        Because of the lack of political finance data (including finance laws), civil society organizations do not have any access whatsoever to political finance data, the three sources interviewed have agreed.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources

        Interview with Ketlhalefile Motshegwa, deputy secretary general, Botswana Federation of Public Sector Unions, August 3 2014, telephone interview, Gaborone

        Interview with Buyani Zongwani, national director, Media Institute of Southern Africa, August 2014, telephone interview

        Interview with Joel Konopo, Editor, Botswana Guardian, August 03, 2014, sit down interview, Gaborone

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        33
        Score
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        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        Unfortunately for the last 10 years years there have been no political finance legal reforms or reform bills that have been presented or passed in parliament. Despite this, the opposition parties including members of the ruling party have in the past called for political parties and individual candidates to be funded by the state. This has not happened.

        However, on November 8 2013 parliament passed a motion by Botswana Congress Party (BCP) Member of Parliament for Okavango Bagalatia Arone requesting the government to introduce party funding. According to Arone - the mover of the motion a year after the motion was passed in parliament it is highly unlikely that the executive would implement the resolution of parliament and introduce party funding. The government 's reason for not introducing the motion he says is due to lack of funds. The executive is not under any pressure to implement a motion passed by parliament. According to Taolo Lucas, the BCP spokesperson, the whole idea behind the motion was to call for transparency in the electoral processes of Botswana. Currently he says the playing field is not level and this is a major disadvantage to opposition parties in the country.

        The IEC is on record saying that they are currently revieweing the Electoral Act with the hope that they will forward the recommendations to the Executive and Parliament for implementation. They have not given a date when the review will be completed.

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        Interview with Bagalatia Arone, Member of Parliament for Okavango, August 4, 2014, telephone interview

        Interview with Taolo Lucas, Botswana Congress Party, Publicity Secretary, 26 July, 2014, sit down interview

        Daily news, Parliament adopt motion on political party funding, November 11, 2013 http://www.dailynews.gov.bw/news-details.php?nid=6967

        Interview with Joel Konopo, Editor , Botswana Guardian, August 04, sit down interview Gaborone.

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    Third Party Actors

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      Applicability of the Law to Third-Party Actors
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        NO
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        No such laws exists.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, August 4, 2013, telephone interview, Gaborone

        Interview with Ketlhalefile Motshegwa, Secretary General, Botswana Federation of Public Sector Unions, August 2, 2014, telephone interview Gaborone

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        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        According to the Independent Electoral Commission, third-party actors are not required to report any itemized contribution received or expenditures to any the commission or any oversight authority. Ketlhalefile Motshegwa of Botswana Federation of Public Sector Unions and Legal Expert Anthony Morima agree.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, August 4, 2013, telephone interview, Gaborone

        Interview with Ketlhalefile Motshegwa, deputy secretary general, Botswana Federation of Public Sector Unions, August 04, 2014, telephone interview

        Interview with Anthony Morima, Legal expert, Mosireletsi Legal Guard, August 4, 2014, telephone interview

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        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        There are no laws forcing the third party actors to disclose their financial records, including political spending in support if political parties and or individuals, says Independent Electoral Commission principal spokesperson Osupile Maroba.

        The other two sources interviewed (Joel Konopo of Botswana Guardian and Buyane Zongwane of Media Institute of Southern Africa) agree that journalists and citizens are unable to do so mainly because of lack of access to information laws and also lack of goodwill on the part of the third party actors. The information is also not publicly available.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, August 4, 2013, telephone interview, Gaborone

        Interview with Joel Konopo, editor, Botswana Guardian, August 04, 2014, telephone interview, Gaborone

        Interview with Buyani Zongwane, national director, Media Institute of Southern Africa, August 04, 2014, telephone interview

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        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        According to Botswana Guardian editor Joel Konopo third party actors hardly play any role in matters of politics, as funding is directed through candidates and parties. Recently, labour has come out to openly support political parties, he says. According to Botswana Gazette dated July 24, 2014, the country's largest federation of trade unions for the first time openly backed a political party (Umbrella for Democratic Change) for the up coming general election in October.

        According to Konopo while the federation would not want to admit it, it is possible that it is also financing the party with funds obtained from members subscriptions and other investments. However, there is no clear evidence to show that the unions have contributed funds to political parties.

        The federation's deputy secretary general Ketlhalefile Motshegwa maintains that while they may support certain parties and individual candidates in the upcoming election they are not funding them. Despite popular belief that unions are on the side of opposition parties Motshegwa has denied that they have funded or they will fund opposition parties ahead of the October 24 general elections. According to Konopo the ruling party gets more funding from the business community than their counterparts in the opposition.


        Peer Reviewer Comment: Agree. It has proved to be very difficult to find out if third parties spend in support of politcial parties and /or individuals. If they are spending financially, then they are not disclosing it and it is difficult to find concrete proof. Some orgnaisations have come out in public to support political parties and individuals but they have maintained that the support is not in monetary terms. An example is the case of the Botswana Musicians Union(BOMU) which has out in public to throw their weight behind BDP MP candidate Keletso Rakhudu in the Gaborone North constituency. While his opponents have to pay for musicians to perfom at their events, BOMU mobilized 25 musicians who subscribe to the Union and they perfomed at the launch of Rakhudu free of charge. BOMU S secretary general Pagson Ntsie ha told the media that more is till to come in their bid to campaign for Rakhudu.

        The largest workers union in the country, BOFEPUSU also continues to make endorsement statements urging its members to vote for the oppsoition parties that have come together to form the Umbrella for Democratic Change.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources

        Interview with Ketlhalefile Motshegwa, deputy secretary general, Botswana Federation of Public Sector Unions, August 04, 2014, telephone interview, Gaborone

        Interview with Joel Konopo, editor, Botswana Guardian, August 04, 2014, telephone interview

        Innocent Selathwa, Botswana Gazette, BOFEPUSU endorses UDC, July, 24 2014, http://www.gazettebw.com/?p=8528

        Reviewer's sources: "25 Musos Launch Rakhudu", The Monitor, August 25, 2014. http://www.mmegi.bw/index.php?aid=45446

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    Monitoring and Enforcement

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      Monitoring Capabilities
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        MODERATE
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        According to the constitution, Section 65(12) The Independent Electoral Commission shall be responsible for— (a) 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; (b) giving instructions and directions to the Secretary of the Commission appointed under section 66 in regard to the exercise of his functions under the electoral law prescribed by an Act of Parliament; (c) ensuring that elections are conducted efficiently, properly, freely and fairly; and (d) performing such other functions as may be prescribed by an Act of Parliament.

        Section 65(1) establishes the IEC as an independent organization, and gives details of who should be part of the Independent Electoral Commission Section 65(8) states, "The Commission shall regulate its own procedures and proceedings." Section 66 stipulates that the Head of the Commission, the Secretary, shall report to the Commission, not to the President or another member of the Executive Branch.

        The Electoral Act is silent about investigatory or audit powers, and only speaks of the reporting of finances.

        According to the law, it is supposed to be overseeing political finance but in practice its not, having chosen not to enforce any of the political finance provisions found in the Act.

        Further, Osupile Maroba of the IEC puts it bluntly; “…the organization is not independent from the executive or the central government when it comes to resources. During elections IEC requests vehicles and other equipment and human resources from the central government. Like other government departments IEC submits its requests for resources to the central government.”

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        The Constitution of the Republic of Botswana, 1997, Section 65 http://www.parliament.gov.bw/documents-and-reports/constitution-of-botswana?download=67:constitution

        The Electoral Act, 1968, Chapter 02:09. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Interview with Osupile Maroba, Independent Electoral Commission, Principal Public Relations Officer, July 29, 2014, telephone interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana, Political Analyst, July 29, 2014, telephone interview Gaborone

        Interview with Anthony Morima, Mosireletsi Legal Guard, Lawyer, August 01, 2014 telephone interview, Gaborone

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        NO
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        According to the Constitution of The Republic of Botswana, Section 65 A, There shall be an Independent Electoral Commission which shall consist of— (a) a Chairman who shall be a judge of the High Court appointed by the Judicial Service Commission; (b) a legal practitioner appointed by the Judicial Service Commission; and (c) five other persons who are fit, proper and impartial, appointed by the Judicial Service Commission from a list of persons recommended by the All Party Conference.

        As for the other five members as stipulated in the constitution its safe to say that no qualifications are stated. they are chosen from a list of persons recommended by the All Party Conference to the Judicial Service Commission. As the constitution states the appointments of the commissioners and the Secretary is not public.

        The Constitution further adds that (1) There shall be a Secretary to the Independent Electoral Commission referred to in section 65A (in this section referred to as “the Secretary”). (2) The Secretary shall be appointed by the President. (3) The functions of the Secretary shall, subject to the directions and supervision of the Independent Electoral Commission, be to exercise general supervision over the registration of voters for elections of— (a) the Elected Members of the National Assembly; and (b) the members of any local authority, and over the conduct of such elections.

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        The Constitution of the Republic of Botswana, 1997, Section 65 (A) http://www.parliament.gov.bw/documents-and-reports/constitution-of-botswana?download=67:constitution

        The Electoral Act, 1968, Chapter 02:09. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

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        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        In the situation of Botswana appointments to the electoral commission which is the main oversight body when it comes to the running of the election is mainly done by the judicial commission. It is not a public exercise that requires public vetting of the potential commissioners, Ishmael William a legal expert and trade unionist has said. The criteria he says is determined by the judicial commission in the case of the commissioners and the president in the case of the commission secretary.

        According to Anthony Morima a legal expert as a result of this process, the public has no say in who should be part of the Independent Electoral Commission and run the election on their behalf. It is difficult to establish whether those who are appointed to lead the commission are appointed on merit or to serve the interest of those in power.

        Recently a high court judge was appointed chairperson of IEC, by standards and the Constitution he is qualified to chair the commission because he is a judge of the high court. As for other commissioners they were selected from a list of candidates presented to the Judicial Commission by the All Party Conference structure. This wasn't a public exercise hence there was no competition. Even though there is no public competition or vetting process, and the positions are appointed without regard to merit, no case of conflict of interest has been reported lately.

        Peer Reviewer comment: Agree. It is difficult to prove merit on high level appointments to the oversight authority because the Constitution gives the President the power to appoint the Secretary of the IEC and there is nothing in law that compels him to prove the appointment was based on merit.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        Interview with Ishmael William, Lawyer and labour activist with Botswana Land Boards, Local Authorities and health Workers Union, August 5, 2014, sit down interview , Gaborone

        Interview with Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 04, 2014, telephone interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana, Political Analyst, July 29, 2014, telephone interview Gaborone

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        MODERATE
        In law, the independence of high-level appointees is guaranteed.More about indicator

        According to section 65A subsections 4 and 5 of the Constitution the chairperson and and members of the commission serve in office for a defined period. "(4) The first appointments of the Chairman and the Members of the Commission shall be made not later than 31st January, 1999, and thereafter subsequent appointments shall be made at the last dissolution of every two successive lives of Parliament. (5) The Chairman and the members of the Commission shall hold office for a period of two successive lives of Parliament." Parliament is elected every five years in Botswana and what this now means is that the chairperson and his members serve in the commission for a period of 10 years.

        The Constitution is silent on what the commission can do in relation to investigating parties and candidates. What the Constitution is saying however is that, "The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the National Assembly."

        According to the Constitution of Botswana the functions of the Secretary shall, subject to the directions and supervision of the Independent Electoral Commission, be to exercise general supervision over the registration of voters for elections of— (a) the Elected Members of the National Assembly; and (b) the members of any local authority, and over the conduct of such elections

        The electoral act goes further to state that the secretary shall, subject to the directions and supervision of the commission - (a) exercise general direction and supervision over the registration of the voter; (b) exercise general direction and supervision over the administrative conduct of elections and enforce on the part of all election officers fairness, impartiality, and compliance with the provisions of this Act; (c) issue to election officers and registration officers such instructions as he may deem necessary to ensure effective execution of the provisions of the Act; and (d) exercise and perform all other powers and duties conferred and imposed upon him by this act.

        The constitution also addresses the secretary's removal or disciplinary hearing in section 66, subsection 9. (9) If the President considers that the question of removing the Secretary ought to be investigated then— (a) he shall appoint a tribunal which shall consist of a Chairman and not less than two members who hold or have held high judicial office; (b) the tribunal shall enquire into and report on the facts thereof to the President and advise the President whether the Secretary ought to be removed from office under this section for inability to perform the functions of his office or for misbehaviour. (10) Where a tribunal appointed under subsection (9) advises the President that the Secretary ought to be removed for inability to perform the functions of his office orfor misbehaviour, the President shall remove him from office. (11) If the question of removing the Secretary from office has been referred to a tribunal under subsection (9) of this section, the President may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall cease to have effect if the tribunal advises the President that the Secretary ought not to be removed from office.

        The constitution also establishes security of tenure in section 66 sub sections 7&8 ; (7) Subject to the provisions of this section, a person holding office as Secretary shall vacate that office on attaining the age of 65 years or such other age as may be prescribed by an Act of Parliament. (8) A holder of the office of Secretary may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

        Per the Constitution, as explained in #38, the Commission has the legal authority to regulate political finance.

        Peer Reviewer comment: Agree. While the constitution outlines all processess to be followed in the removal of the Secretary of the Commission, it is silent on the removal of the members of the commission, save to stipulate their tenure of office of 10 years. It doesn't stipulate what needs to be done should there be need to remove them before their tenure comes to an end.

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources

        Constitution of The Republic of Botswana Sections 65 A, 66, 68. http://www.ilo.org/dyn/travail/docs/1945/ConstitutionOfBotswana.pdf

        The Electoral Act, 1968, Chapter 02:09. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

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        75
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        While the independent electoral commission maintains that its an independent body that operates without fear or favour, other sources agrees that in practice the commission is far from being free and independent. According to an article that appeared in the Sunday Standard newspaper dated November 25, 2013, by Professor Monageng Mogalakwe, the mere fact that the the chief executive (secretary) of the commission is appointed by the president makes the commission more of a government department and the chief executive, a government employee. He argues that since the establishment of the IEC in 1997 the executive has not let go of the control of the commission.

        According to Mogalakwe, the IEC staff remain civil servants, "governed by the Public Service Act, its terms and conditions of service and the general orders. These civil servants can also be transferred or re-deployed to other government departments and can be moved from those departments to the IEC, all at the pleasure of the Director of the Public Service Management, who is himself accountable to the Permanent Secretary to the President"

        Meanwhile Joel Konopo of Botswana Guardian posits that even though the appointees are guaranteed security of tenure by the law the IEC should be accountable to parliament.

        The government wants to present IEC as an independent entity but several people including in the opposition have disagreed with noting that the fact that the IEC secretary (Chief Executive) is appointed by the president as outlined in the constitution (section 66) shows that the IEC is not independent. Further, because he is appointed by the president the IEC Secretary reports to the permamnent secretary to the president (chief of staff). To several observers this is a clear indication that even though at times IEC is allowed to operate independently the structure makes it more of an extention of the executive.


        Peer Reviewer comment: Agree While most people, especially those in opposition have their doubts on the independence of the high level appointees at the IEC, their doubts are only based on the fact that the Secretary is appointed by the President but there has never been any case of suspected conflict of interest or bias. According to Wynter Mmolotsi, the current IEC Secretary has been perfoming his duties without fear or favor and has never taken sides with any party or parties. Mmolotsi gave an example of the recent court case where the ruling BDP took the IEC to court because they felt the commission was not favouring them and he gave this as an example to prove that even though he was appointed by the president of the ruling party, the secretary did not hesitate or fear to action where he felt the BDP was wrong. Mmolotsi said this should only be credited to the current Secretary's principles and ethics but not the selection criteria because the next person may not be as principled as may feel he owes allegiance to the president who appointed him/her.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, August 4, 2014, telephone Interview, Gaborone

        Professor Monageng Mogalakwe, The Management of Elections in Botswana, November, 25, 2013 http://www.sundaystandard.info/article.php?NewsID=18505&GroupID=5

        Interview with Joel Konopo, Editor, Botswana Guardian, August 4, 2014, sit down interview Gaborone

        Interview with Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 04, 2014, telephone interview, Gaborone

        Interview with Log Raditlhokwa, University of Botswana, Political Analyst, July 29, 2014, telephone interview Gaborone

        Reviewer's sources: Interview with Wynter Mmolotsi, BMD Vice President and Mp candidate for Francistown South, 29 September 2014, telephone interview.

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        Open Question: How does decision-making work in the oversight authority?More about indicator

        It is very important to understand the beginnings of IEC. From 1965 to 1986, elections were conducted by the Office of the President under the direction of Permanent Secretary to the President. The Supervisor of Elections conducted elections from 1987 to 1997. Following a decision reached by Government and the All Party Conference a national referendum was held in 1997 which resulted in the amendment of the Constitution to accommodate the establishment of the Independent Electoral Commission (IEC). The IEC was established by Section 65A of the Constitution of Botswana in 1997.

        The Independent Electoral Commission is comprised of seven members headed by a chairperson and deputy chairperson who are a judge of the high court and a legal practitioner respectively. The two are appointed directly by the Judicial Service Commission. The judicial commission also appoints five other members from a list of persons recommended by the all party conference. The secretary of the commission on the other hand is appointed by the President. He in turn appoints officers within the commission.

        The Constitution of Botswana and the Electoral Act though defining the commission's roles and responsities, they don't address issues of how decisions should be reached. The commission's deliberations are done in secret according to IEC. The chairperson acts as a chair of the proceedinds and decisions are reached on consensus, the IEC has said. But it is not clear whether issues are subjected to a vote.

        The commission according to section 65 A of the Constitution of Botswana shall address the following; (8) The Commission shall regulate its own procedure and proceedings. (9) The Chairman shall preside over all proceedings, and in his absence, the legal practitioner referred to in subsection (1)(b) shall preside over the proceedings. (10) The quorum shall be four members, one of whom shall be the Chairman or the said legal practitioner. (11) All issues shall be decided by the decision of the majority of the members present and voting. (12) The Commission shall be responsible for— (a) 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; (b) giving instructions and directions to the Secretary of the Commission appointed under section 66 in regard to the exercise of his functions under the electoral law prescribed by an Act of Parliament; (c) ensuring that elections are conducted efficiently, properly, freely and fairly; and (d) performing such other functions as may be prescribed by an Act of Parliament. (13) The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the National Assembly.

        According to the the sources interviewed in practice what is set out in the constitution is followed in practice. When IEC was established in 1997 the Electoral Act was already in place. Some of the decisions not to implement or enforce provisions related election finances were already in place and as such the IEC did not bother to implement some of the sections of the Act. As it is the IEC would not make any pronouncement or sanction any candidate or political party on elections finance violations.


        Peer Reviewer comment: Agree. The commission doesn not follow a voting mechanism, and since the commission deals mostly with matters of policy, there has never been a situation where they failed to reach a consensus.

        To clarify about the secretary, his/her duties are mainly administrative. The only powers he can exercise independently from the commission include (a) appoiting a principal registration officer for each constituency; and (b)such other registration officers, for each constituency and polling station, as he may deem necessary.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, August 4, Telephone interview, Gaborone

        Interview with Anthony Morima, legal expert, Mosireletsi Legal Guard, August 4, 2014, telephone interview Gaborone

        Constitution of the Republic of Botswana, Section 65A (1965). http://www.ilo.org/dyn/travail/docs/1945/ConstitutionOfBotswana.pdf

        Reviewer's sources: Interview with Osupile Maroba, Principal Public Relations Officer, IEC. 30 September Gaborone, Telephone interview.

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        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        Sources interviewed both agree that while the electoral act calls for the Independent Electoral Commission to monitor election expenses and call for disclosure of expenditure after the election, for some years now there has not been any monitoring of the candidates and parties' finances.

        According to Osupile Maroba the commission deliberately stopped any monitoring of election or campaign finances of political parties mainly because the Act is outdated and needs to be reviewed. The last time the Act was enforced was several years ago, Maroba says.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources

        Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 5, 2014, Telephone Interview, Gaborone

        Osupile Maroba, Principal Public Relations Officer, Independent Electoral Commission, July 29, 2014, telephone Interview, Gaborone

        Electoral Act Chapter, 1968, 02:09. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

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        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        Following the 2009 General elections, the independent Electoral commission published a comprehensive report of the elections, as is required. Importantly, no investigations or audits of finances have been undertaken by the IEC, which has decided not to enforce the reporting provisions and other limited financial regulations of the Electoral Act.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 5, 2014, Telephone Interview, Gaborone

        Independent Electoral Commission, 2009 General Elections Report, 2009, http://www.iec.gov.bw/attachments/087_2009%20General%20Elections%20Report.pdf

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        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        Following the 2009 General elections, the Independent Electoral Commission published a general report on the elections. It is a legal requirement for the commission to publish such report or audit. According to the constitution, "commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the National Assembly." However, no investigations or audits were conducted into candidates' and political party finances hence no such reports were published.

        According to legal expert with Mosireletsi Legal Guard, Anthony Morima the general report was published, but does not carry the weight of an investigation or audit. Nonetheless the commission classifies the report as an audit of the just ended elections. Only one report was published after the 2009 general elections. The report is available to the public and is often published in the commission's website.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 5, 2014, Telephone Interview, Gaborone

        Independent Election Commission, 2009 General Elections, 2009 Reporthttp://www.iec.gov.bw/attachments/087_2009%20General%20Elections%20Report.pdf

        Constitution of the Republic of Botswana (1965). http://www.ilo.org/dyn/travail/docs/1945/ConstitutionOfBotswana.pdf

        Electoral Act Chapter, 1968, 02:09. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

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      Enforcement Capabilities
      More about category
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        MODERATE
        In law, there are sanctions in response to political finance violations.More about indicator

        According to the electoral act there are sanctions tailor made for political finance violations. The Electoral Act Sections 90 to 115, offers several sanctions for political finance violations. For example the act states that any person who is guilty of a corrupt practice [during election] shall be liable to a fixed fine not exceeding P400 ($44) or to imprisonment for a term not exceeding two years, or both.

        The other example, Section 99, "Any person who knowingly provides money for any payment which is contrary to the provisions of this Act or any election expenses in excess of the maximum amount allowed by this Act or for replacing any money expended in any such payments or expenses, except where the same is allowed under this Act to be an exception, shall be guilty of an illegal practice and liable to a fine not exceeding P400 ($44) or to imprisonment for a term not exceeding two years, or both"

        There are no specific sanctions for not submitting the required reports.

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources

        Electoral Act, 1968, Chapter 02:09, Sections 90 -115. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 5, 2014, Telephone Interview, Gaborone

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        YES
        In law, the oversight authority has the power to impose sanctions.More about indicator

        According to the Electoral Act, the Independent Electoral Commission has the power to impose sanctions as outlined in sections 90 to 115. It however does not have the powers to prosecute. Cases as such are referred to the Attorney General who is described under the Constitution as the legal adviser to the government. The commission in Botswana is a government department.

        For example, Section 95 of the Electoral Act which addresses issues of corrupt practices reads, "Any person who is guilty of corrupt practice shall be liable to a fine not exceeding P400 or to imprisonment for a term not exceeding two years or to both." Section 97 also adds, "Any person who without the express or or implied authority of a candidate or his election agent incurs election expenses in relation to that candidate shall be guilty of an illigal practice." Section 108 continues, "Every person guilty of a corrupt practice or illegal practice at an election shall be disqualified from voting at the election, and if any such person votes, his vote shall be void." It however does not have the powers to prosecute. Cases as such are referred to the Attorney General. While no political finance laws have been sent to the AG, the AG has constitutional powers from the constitution to prosecute any criminal case refered to his/her office.

        According to the Constitution of Botswana section 51 (3)
        (3) The Attorney-General shall have power in any case in which he considers it desirable to do so— (a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person; (b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        Electoral Act, Chapter 02:09, Sections 90 -115. http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Constitution of the Republic Of Botswana, 1965, Section 51. http://www.ilo.org/dyn/travail/docs/1945/ConstitutionOfBotswana.pdf

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        0
        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        Because the Electoral Act is considered to be outdated, the Independent Electoral Commission hardly enforces some of the clauses within the act, especially clauses that address issues such as violation of party financing laws, the commission spokesperson Maroba has said.

        While the IEC doesn't impose any sanctions in relation to political finance there are few instances where the commission finds itself having to impose sanctions to parties and candidates. In November 2013, during the nomination process of Francistown West by election candidates, the commission refused to accept nomination of the ruling party candidate Ignatius Moswaane on an account that there was a court order baring him from being registered as party candidate, Botswana Guardian and The Daily news have reported. Initially Moswaane's challenger in the party primaries successfully approached the high court querying that the party refused to give him audience to air his grievances regarding the flawed primary election processes.

        Because there was a court order against the nomination of the ruling party candidate, the commission refused to accept his nomination. The commission stuck to its guns. The matter was taken to court where the commission won the day.


        Peer Reviewer comment: Agree. Sanctions can only be imposed if the IEC enforces the law and since the IEC has never enforced the clauses regulating political finance, no offenders have ever been tried or sanctioned.

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        Interview with Osupile Maroba, Principal Public Relations Officer Independent Electoral Commission, July 29, 2014, telephone interview

        Keamogetse Letsholo, Daily News, BDP wants IEC to accept Moswaane, Nov 3, 2014 http://www.dailynews.gov.bw/news-details.php?nid=6753

        Justice Kavahematui, Botswana Guardian, We were right to bar Moswaane-IEC, November 14, 2014. http://www.botswanaguardian.co.bw/news/30-news/latest-news/707-we-were-right-to-bar-moswaane-iec.html

        Reviewer's sources: Interview with Wynter Mmolotsi, BMD Vice President and UDC parliamentary candidate for Francistown West. 30 September 2014, telephone interview.

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        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        Unfortunately enforcement of electoral laws in Botswana is extremely weak. This is so mainly because while the electoral laws have clauses that deals with issues of financing violations, the Act that is currently in place is considered to be an old piece of law that hasn't been used for several years. This is an example, the Act says that the maximum limit for any candidate is P50 000 ($7000) in a single election, but in actual fact the amount is too small for a fully fledged campaign. Sources interviewed have said the cost of a single parliamentary election campaign can go up to P700 0000 ($77 000) per campaign. In addition to this the commission has decided not to implement or enforce the bulk of clauses that deals with issues of party or campaign financing. As it is now candidates and political parties are free to spend any amount in their campaigns. Further they are not required to disclose their expenditure.

        Anthony Morima a legal expert believes that there should be an overhaul of the current electoral act and replace it with something that will work and monitor issues of campaign finance. This he says should go hand in hand with the yet to be introduced party funding laws. He called for state funding of political parties and independent candidates to avoid the current situation whereby secret donors are given the leeway to do as they want. Their motives he says could compromise the political and economic standing of the country. He adds that party funding reforms are needed urgently to address all these issues including issues of transparency.

        Futher Morima wants complete independence of the elections commission from the state to allow it to function fully without any interference. Currently the commission's secretary (or Chief Executive) is appointed by the Presidient without any public hearing, the same goes to the commission chairperson who is appointed by a Judicial Service Commission - which is appointed by the president. The commission secretary reports to the Permanent Secretary to the president and relies on the government employees to conduct elections.

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        Interview with Anthony Morima, Legal Expert, Mosireletsi Legal Guard, August 05, 2014, telephone interview

        Interview with Osupile Maroba, Principal Public Relations Officer, July, 29, 2014, telephone interview

        Electoral Act, 1968, Chapter 02:09, http://www.constitutionnet.org/files/Botswana-Electoral%20Act%201968.pdf

        Constitution of The republic Of Botswana, 1965, http://www.ilo.org/dyn/travail/docs/1945/ConstitutionOfBotswana.pdf

Botswana has national elections for Parliament and an indirectly elected head of state. Fifty seven (57) of the 63 members are elected by direct popular vote in single-member constituencies using the first-past-the-post otherwise known as simple majority system. Four (4) are appointed by the majority party, and 2 (the President and Attorney-General) are ex-officio members. After general election, the party that wins the majority elects its President. The President then appoints the Vice President and Ministers to head the different government ministries. Members of Parliament serve 5-year terms.

While Botswana Parliament is unicameral, it is often understood as a bicameral system. This is so because Botswana Parliament has a structure called The House of Chiefs. This structure however does not have the powers to make laws. The House of Chiefs is just an advisory body. It can advise the National Assembly on constitutional, customary and land issues only.

Because there are no laws governing party funding or campaign funding, political parties are free to raise their funds and distribute the funds to its candidates as they wish. The members are also allowed to raise funds separately from the party structures. Campaign funds are managed at both party and candidate level.

The most recent election took place on 16 October 2009, with the previous on 30 October 2004. On 24 October 2014 the next election will take place.