The Convention, in Article 29, emphasizes that State parties must take measures to ensure
PWDs participate in political and public life and to enjoy them on an equal basis with others,
and shall undertake to ensure that PWDs can effectively and fully participate in political and
public life on an equal basis with others, directly or through freely chosen representatives,
including the right and opportunity for PWDs to vote and be elected, inter alia, by:
Ensuring that voting procedures, facilities, and materials are appropriate,
accessible and easy to understand and use;
Protecting the right of PWDs to vote by secret ballot in elections and public
referendums without intimidation, and to stand for elections, to effectively hold
office and perform all public functions at all levels of government, facilitating the
use of assistive and new technologies where appropriate;
Guaranteeing the free expression of the will of PWDs as electors and, to this end,
where necessary, at their request, allowing assistance in voting by a person of
their own choice;
(b) Promote actively an environment in which PWDs can effectively and fully participate in
the conduct of public affairs, without discrimination and on an equal basis with others, and
encourage their participation in public affairs…
Section 155(2)(b) of the Constitution of Zimbabwe states that the State must take all
appropriate measures to “ensure that every citizen who is eligible to vote in an election or
referendum has an opportunity to cast a vote and must facilitate voting by PWDs or special
needs…”
Section 59 of the Electoral Act provides for illiterate or physically handicapped persons to
bring a confidante to help them vote. Although the law makes such a provision, it does not
conform to the Convention on the Rights of Persons with Disabilities, which endeavours to
provide independence to PWDs. The Disabled Persons Act of 1992, which is the prevailing
legislation, is silent on the issue of voting rights of PWDs.
In the case of Abraham Mateta and ZEC& Others, the applicant wanted ZEC to make provision
for the printing of ballot papers in braille or provide tactile voting devices and to add the
necessary electoral law to give effect to the right of visually impaired. The applicant argued
that the absence of legislative measures allowing the visually impaired to vote by secret
ballot is a violation of Section 67 (3) of the Constitution. However, the court dismissed the
case on the basis that ZEC would put in place other measures to allow blind people to vote.
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