areas in particular make it extremely difficult for the elderly and sick to exercise their voting
rights. 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 23 A 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, physical incapacity or generally ill-health. 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 Section 23 of the Constitution. It is
recommended that special voting procedures be set out at law to enable the elderly, physicallyincapacitated and ill to exercise their voting rights.
•
Overall, the key thing is that election agents and observers must keep a vigilant and watchful
eye over the procedures relating to postal and special votes. Both procedures are necessary in
any democracy to enable those otherwise unable to attend on polling days to exercise their right
to vote. The main criticism is that postal voting remains too restricted in scope and reach. It
could be expanded to include otherwise who are not necessarily on government business and
with more scope could have provided a facility for those in the Diaspora to exercise their right to
vote.
XIX
POLITICALLYMOTIVATED
VIOLENCE AND
INTIMIDATION
Code of Conduct and Responsibility of Political Parties
•
Clause 33 of the Bill introduces a new Part XVIIIB (“Measures Against Politically-Motivated
Violence”) in the Act. Section 133G essentially places a responsibility on political parties and
candidates contesting an election to take steps to prevent politically-motivated violence and
intimidation. It calls upon them to undertake to abide by a code of conduct set out in the Fourth
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