8
to facilitate voting by people
with disabilities and special
needs
Ballot papers
Section 239(g) design, print
and distribute ballot papers
Voting
This provision ensures that nomination for people with disabilities office is
exclusionary as others who are not registered in such organisations are not
able to nominate, this violates the right to freedom of association stipulated
in section 58 of the Constitution.
Section 52A
Requires ZEC to ensure that the number of ballot papers printed
for any election does not exceed by more than 10% the number
of registered voters eligible to vote in the election.
This is a progressive as it conforms to best practices. In addition in the
interests of transparency this section should be expanded to include the
need for a bidding process for the printing of ballot papers to ensure that all
interested parties are satisfied as to the integrity of the process.
Section 126
Removes requirement that ZEC must remove the name of a
deceased or withdrawn candidate from a ballot paper after it has
been printed.
While it may not be possible to remove the name of a deceased candidate
from the ballot paper, all reasonable steps must be taken to ensure that
voters in the area concerned are made aware of the death of a candidate.
Section 56
Removes the proviso that if the name of the voter did not appear
on the ward voters roll he or she shall be entitled to vote
upon production of a voters registration certificate issued to
him or her; and proof of identity.
It also further provides that voters can decline to vote in a
particular election where two or more elections are being
conducted at the same time.
Section
56(1a)
States that every voter is entitled to vote for a constituency
representative or councillor at the polling station he/she is
registered at a by-election
This removal of the provision that voters whose names did not appear on
the voters roll could use voter registration slips or identity cards to vote is
necessary given the many instances in which they were used to vote
multiple times in the 2013 elections.
There is scope for voters to pick and choose which elections to participate
in where there are 2 or more being conducted simultaneously is also a
welcome development, provided that there are sufficient safeguards to
ensure that the declined ballot papers are accounted for.
Clarifies that voting during by elections will be done at polling station where
one is registered.
Section 56(3)
Provides that (unless directed by ZEC) the presiding officer shall
require an applicant for a ballot paper to produce his or her
voters registration certificate or proof of identity and if the voter’s
name appears on the ward voters roll and it is clear that they
have not voted, they are given ballot papers and the elections
officer may mark their certificate or identity card accordingly
This provision may be a safeguard to prevent double voting. However it
may cause challenges if election officers insist on inspecting a voter
registration certificate as some voters may have lost these.
Section 59
Removes requirement for an electoral officer to witness how a
visually impaired person votes.
Section
required
To provide for voting of people in prison on voting day.
This will assist in protecting the secrecy of the vote for blind voters.
However, it would be more desirable to provide template ballots or tactile
ballots which blind voters can use to vote by themselves, unassisted in line
with the progressive realisation of the rights of the disabled in section 83 of
the Constitution.
There must be provision for voting for people in prison as provided in other
countries. Prisoners must at the very least be allowed to vote for
Section 156 Conduct of
elections and referendums