Centre for Policy Alternatives on 2 February, 2010

The Centre for Policy Alternatives Vs. Elections Commissioner (SC FR 111/10)

Categories: Public Interest Litigation submissions

A Public Interest Litigation case was filed by CPA in the Supreme Court in February 2010 seeking redress for the violation of franchise rights and fundamental rights of equality and freedom of expression during the Presidential Elections of January 2010. The application was filed on behalf of the Internally Displaced Persons in the Northern and Eastern Provinces. The case was based on information received from Internally Displaced Persons and on a Centre for Monitoring Election Violence statement which stated that electors of the North and the East were disenfranchised due to the failure of the State to provide adequate transport despite a directive by the Elections Commissioner and the intimidation of electors, especially Internally Displaced Persons by explosion of grenades in the Northern Province. CPA in its petition further set out issues relating to temporary identification documents of Internally Displaced Persons, delays in public announcements on valid forms of identity, and the failure of the State to provide adequate transport to Internally Displaced Persons to travel to polling stations to be able to vote. The case was taken up by the Supreme Court on the 11th of March 2010. The Supreme Court directed the Elections Commissioner to ensure that the identification document allowed for voters during the last Presidential election should be adhered to at the Parliamentary elections too for the Internally Displaced Persons and to provide adequate transport facilities.