electoral law

Court ruling poses Lesotho elections dilemma

Lesotho’s October 7 election date suddenly appears at risk. The date was announced by the country’s Independent Electoral Commission in July, but a new decision of the constitutional court has found that the delimitation of 20 constituencies doesn’t pass constitutional muster, because the range in voter numbers is larger or smaller than the 10% variation constitutionally prescribed. The decision, delivered on August 8, puts the IEC under enormous pressure and it might not be possible to redraw constituencies in time for the elections.

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A new judgment by Lesotho’s high court has left the country’s Independent Electoral Commission in a quandary: how to satisfy election timetables at the same time as fixing invalid constituency delimitations so that they fall within the bounds of the constitution.

Allowing birth certificates for voter ID would be a ‘retrograde step’ – Ghana’s Supreme Court

Two combined applications testing decisions of Ghana’s attorney general and related to the national elections scheduled for 7 December 2020, have been decided by that country’s Supreme Court. Determined to clean up Ghana’s voter register, the AG gazetted new regulations. Among them was the decision not to allow the old (current) voter identification cards to be used to identify people wanting to register as voters on the new, updated list.

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The decision in the case had already been announced by the court a few weeks ago, with its reasons deferred until now. Applicants in the two matters had asked that the gazetted non-inclusion of current voter identification cards and of birth certificates should be declared unconstitutional.

All seven judges who heard the matter agreed to reject this proposition.

Preserve your independence, court urges Namibian election commission

A full bench of Namibia’s high court has found that the country’s electoral commission acted unlawfully when it removed certain approved names from the list of candidates supplied by a political party and allowed other party members to replace them and be sworn-in, instead. Two members of Namibia’s Popular Democratic Movement brought the application when the electoral commission permitted a number of PDM members, not on the PDM list approved by the electoral commission before the polls, to replace those who had been approved by the commission.

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Though it might seem to some a petty issue, brought by candidates irritated with being sidelined from the National Assembly at the last minute, this is a case that goes right to the heart of what constitutes a democratic election. And the proper course for an electoral commission to adopt in order to be – and to be seen to be – independent.

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