3.3 Freedom of Assembly and Association - Section 58
ANALYSIS OF THE COMPLAINT
4. Whether or not complainants political rights were violated
4.1
Political rights as provided for in the Constitution involve making political
decisions freely as well as deciding which party to join. In the present
case, villagers are being forced to submit their voter registration serial
numbers. This amounts to a violation of political rights as enshrined in
Section 67 of the Constitution.
5. Whether or not perpetrators committed malpractices
5.1
The Constitution clearly provides for the duties of traditional leaders and
states, in Section 281 (2) that: “Traditional leaders must not–(a) be
members of any political party or in any way participate in partisan
politics; (b) act in a partisan manner; (c) further the interests of any
political party or cause; or (d) violate the fundamental rights and
freedoms of any person.”
5.2
In the present case, traditional leaders are receiving and executing
instructions from political party members. Such conduct amounts to
furthering the interests of a political party and is in direct violation of the
abovementioned constitutional provision. Traditional leaders should
therefore respect the Constitution and act in a non-partisan and shall
perform their duties and responsibilities in a professional and nonpartisan manner that allows all citizens regardless of political affiliation
equal access to resources and guaranteed non-discrimination on
partisan basis.
6. Whether or not complainants freedom of assembly and association
were violated
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