confirming the applicant’s averments. The deponents themselves do not aver
that they were victims of the alleged disenfranchisement.
54.3. Further, the court case related to by Mr. Masaraure in his affidavit is
mischaracterised as an order granted after an adversarial hearing was
conducted. That matter was in fact determined through an order by consent
which order codified the measures to be taken by the Electoral Commission to
allow civil servants to vote on polling day as already enumerated above. The
Electoral Commission was committed to facilitating voting by its polling officers.
It put measures in place for this to be done. Those measures were followed on
polling day.
55. Ad Para 6.6.1
This is denied. I reiterate my averments made herein above with respect to the
question of postal voting.
56. Ad Para 6.6.2
This is denied.
56.1. The Electoral Commission has no part to play in a voter’s decision to be
assisted to vote. In terms of s59 of the Electoral Act, a voter is entitled, if they so
wish, to have a person of their choice assist them to cast their votes on polling
day.
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