formalistic and technical, with
some provisions effectively
restricting the right of access to
justice (such as, as section 21(f)
which requires the petitioner,
when a corrupt or illegal
practice is alleged, to state in
the petition the full names and
addresses of every person who
allegedly was guilty of such a
practice). Further, the rules are
not aligned with the Electoral
Act as they were produced
before it was enacted.
(p. 45)
Petition Rules of 1995 and align
them with the Electoral Act
of the
Electoral Act
remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity.” –
ICCPR, art. 2(3)(a)
“Establish and strengthen national mechanisms that
redress election related disputes in a timely manner.” African Charter on Democracy, Elections and Governance,
art.17 (2)
“Every individual shall have the right to have his cause
heard. This comprises: (a) the right to an appeal to
competent national organs against acts of violating his
fundamental rights as recognized and guaranteed by
conventions, laws, regulations and customs in force;”-
African Charter on Human and Peoples’ Rights, art.7 (1)
61
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