Judgment No. CCZ 3/14 4 Const. Application No. CCZ 64/13 facilitate the undue deprivation of the rights provided in terms of s 67 of the Constitution to the 26 160 special voters who failed to cast their votes on 14 and 15 July 2013. THE APPLICATION Section 239 of the Constitution of Zimbabwe provides: “239 Functions of Zimbabwe Electoral Commission The Zimbabwe Electoral Commission has the following functions— (a) To prepare for, conduct and supervise— (i) elections to the office of President and to Parliament; (ii) elections to provincial and metropolitan councils and the governing bodies of local authorities; (iii) elections of members of the National Council of Chiefs established by section 285; and (iv) referendums; and to ensure that those elections and referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law …” It was in view of its mandate set out above and out of due regard for the following provisions of the Constitution, that the applicant has felt constrained to make this application. “155 Principles of electoral system (1) …. (2) The State must take all appropriate measures, including legislative measures, to ensure that effect is given to the principles set out in subsection (1) and, in particular, must— (a) … (b) 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 persons with disabilities or special needs;” “67 Political rights (1) … (2) … (3) Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right— (a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret;”