The only other point is that the special voting procedure, like postal voting, is too restricted to specific categories. It could easily be used to cover vulnerable groups such as the elderly or persons who may be too ill or unwell to attend at polling stations during polling days. In fact both postal and special voting could be used to facilitate voting by persons with disabilities who would otherwise struggle to compete with others on polling days. It is a fact that the long distances and limited means of transportation in rural areas in particular make it extremely difficult for the elderly and sick to exercise their voting rights. State must be Pro-Active It has been recognised by the courts in other countries in the region, such as South Africa where the Constitutional Court held that the right to vote is one that requires the state to take a pro-active approach that enables voters to fully enjoy its existence. It is arguable that where it is impossible or difficult for persons to enjoy that right, this could be a violation of individuals’ political rights as guaranteed under Section 23A of the Constitution. It is recommended that just as the state has made special procedures for those who cannot be physically present on government business, it must also account for the voting rights of those who cannot be present by reason of old age, disability or general infirmity. At present the voting procedures which effectively limit the participation of the aged could be seen as discriminatory on the grounds of ageism and therefore potentially in violation of the Constitution. It is recommended that special and postal voting procedures be set out at law to enable the elderly, disabled and ill to exercise their voting rights. In conclusion: • ZESN urges the extension of postal voting and special voting to cover other persons who are eligible to vote but are not presently within the categories stated in the law. It is recommended that as a security measure, tamper proof envelopes should be used in postal voting to prevent fraudulent activity. • Further to the recommendation on Diaspora voting, ZESN urges a reconsideration of postal voting to allow Zimbabweans in the Diaspora who are eligible to vote to use it. • ZESN recommends that consistent with the recognition of the right to vote in the Constitution, the state must take a pro-active approach that enables voters to fully exercise their right to vote regardless of their location and physical or mental condition. • It is reasoned that just as the state has made special procedures for those who cannot be physically present on government business or because of duties on polling days it must also account for the voting rights of those who cannot be present for any other legitimate reason including but not limited to old age, physical incapacity or generally ill-health. • Special and postal voting should be extended, there is also need for security mechanisms to prevent manipulation and rigging. There is need to exercise extra vigilance in the election observation process. 3