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 Page 7 of 10

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