Threat to democracyFresh battle looms around electronic voting machines Political parties and commentators are braced for a fresh battle regarding the use of electronic voting machines, without a verifiable paper trail.
Namibia is once again set to have a general election in 2019 using EVMs without a paper trail, which means if there is a contested poll or a suspected breach or tampering attempt, there is no way to verify the election result.
These machines, when used without a verifiable paper trail, have caused a massive uproar in other countries, where groups of voters and election security advocates have gone to court in a bid to have them replaced with paper ballots. A voter verifiable paper audit trail (VVPAT) or verifiable paper record (VPR) is a method of providing feedback to voters using a ballot-less voting system.
A VVPAT is intended as an independent verification system for voting machines designed to allow voters to verify that their vote was cast correctly, to detect possible election fraud or malfunction, and to provide a means to audit the stored electronic results.
Local commentator Frederico Links said using the EVMs and failing to produce a paper trail is not good for Namibia's image and given the fact that the Electoral Commission of Namibia (ECN) has received additional funding in government's midterm budget there should be no excuse.
“It has been reported internationally that there needs to be paper trails. It is important that the machines produce a sort of receipt, and it makes it more acceptable and trustable by the voters. I do not think the stance of government and the ECN is untenable,” he said.
According to Links the government and the ECN appear not be honest about the situation and should come out and say if they do not have money to implement an EVM paper trail.
During a parliamentary debate earlier this year, Prime Minister Saara Kuugongelwa-Amadhila said the Swapo government did not force the EVMs onto Namibians.
The debate has been referred to a parliamentary standing committee and will now investigate the use of EVMs.
The ECN, emboldened by a High Court judgement before the 2014 general elections on the issue, claimed recently that the so-called VVPAT “is nothing more than a printer”.
ECN's 'paper jam' excuse
“You have a printer at your office and I am sure you have had a lot of paper jam situations. Any technology that has a printing mechanism is never safe from paper jams.
“Now the VVPAT is manufactured in India, therefore the only company that manufactures them is in India. So there are challenges associated with the use of the VVPAT in the voting process. With India, they have experienced these challenges, but for them they have set an acceptable margin of error,” newly installed ECN chief electoral officer Theo Mujoro told Namibian Sun recently.
“Say if they experience a 5% paper jam in an area it is acceptable, but if a certain margin is acceptable to them it does not mean it can be acceptable here.
“We are looking at two different contexts - our level of advancement and also our maturity of politics. As a responsible election management body we will not allow a system where we can see it is prone to errors. If you encounter a paper jam with the VVPAT it will compromise the secrecy of the voter's vote,” Mujoro added.
This comes after former ECN director of elections Paul Isaak indicated in 2015 that the commission will be using EVMs with a VVPAT in every election from 2017.
Isaak said at the time that to address the credibility of the EVMs, the ECN, political parties and other stakeholders would meet from 2016 to discuss the modalities on how to implement the EVMs with a verifiable paper trail.
Namibia became the first African country to use EVMs in its 2014 presidential and National Assembly elections.
Shortly before the elections, the High Court dismissed a legal challenge by the Rally for Democracy and Progress (RDP), the African Labour and Human Rights Centre and the Workers' Revolutionary Party.
They had sought the postponement of the polls because the EVMs leave no paper trail, which violates the Electoral Act.
Judge Kobus Muller dismissed the application with costs, saying it was not within his jurisdiction to rule on the matter, but that the ECN should do so. He also said the applicants had ample time to bring the matter before court, but had failed to do so.
Evidence
Political commentator Ndumba Kamwanyah said it is important for an election to produce a paper trail, so that voters have evidence of who they voted, in the event the outcome is disputed.
“But at this point there is no sufficient evidence that there is something wrong with the EVMs, but if there are concerns raised in other countries then government must investigate those concerns,” he said.
Earlier this year, the Democratic Republic of Congo (DRC) was warned against using an electronic voting system for its long-delayed presidential election in December, because it has the potential to undermine the credibility of the poll.
Closer to home, in Botswana, it was reported recently that the neighbouring country's government is considering postponing the use of EVMs in its 2019 general elections.
The Botswana Congress Party (BCP) dragged that government to court regarding the potential use of EVMs, arguing that their use is unconstitutional and will violate all sections of the Electoral (Amendment) Act No. 7 of 2016.
Last year, Kenya's Supreme Court nullified the results and called for a re-run of that country's elections within 60 days, while confirming that the integrity of the elections has been compromised by irregularities, which were linked to the EVMs.
'Abolish' EVMs
RDP parliamentarian Mike Kavekotora has called for the abolishment of these voting machines in Namibia, saying ballot paper voting should return.
According to him the machines are unreliable.
“We all know that our courts are courts of evidence and in the absence of a paper trail there is no way any aggrieved party can challenge an election.”
Kavekotora also questioned why Namibia insists on using the EVMs, while developed and progressive European nations prefer a paper trail.
WRP political secretary Hewat Beukes said it appears that most people do not understand the issue of EVMs.
He believes adding a paper trail will not save the integrity of Namibia's elections.
He also argued that since the machines are manufactured, assembled and programmed in India, Namibians technicians and engineers do not have the expertise to handle it in a crisis.
“Enough proof already exists that the machines are used to distort results to an extreme degree. Scientific proof exists that the machines can be pre-programed to distort results.”
JEMIMA BEUKES