the Human Rights Committee affirming its position that the right to vote may be
limited when there are “objective and reasonable” grounds.21 In determining
these elements, the Human Rights Committee has in the past taken into
consideration, firstly, whether there were any duly enacted laws that restricted
the right, and secondly, whether the justifications forwarded by the State
pursued a legitimate purpose and that the means adopted served that intended
purpose.22
74. The European Court on Human Rights (European Court) detailed in
Sitaropoulos and Giakoumopoulos v Greece that the right to vote may be
lawfully restricted only when the restrictions
“do not curtail the rights in question to such an extent as to impair their very
essence and deprive them of their effectiveness; that they meet the requirements
of lawfulness; that they are imposed in pursuit of a legitimate aim; and that the
means employed are not disproportionate”.23
75. In discussing the modalities for the legitimate restriction of the rights contained
in Article 13 (1) of the African Charter, the African Court on Human and
Peoples’ Rights (the African Court) stated in Mtikila v Tanzania that
“restrictions must be necessary in a democratic society [and] they must be
reasonably proportionate to the legitimate aim pursued”.24
The restriction must be provided by law
76. The Commission reproduces below the relevant aspects of the Zimbabwe’s
domestic law, in order to determine whether the restrictions can be said to have
been “in accordance with the provisions of the law” within the meaning of Article
13 (1) of the African Charter.
77. The Constitution of Zimbabwe (2007) in force at the material time of the dispute
states as follows
58 Elections
(1) A general election shall be held on such day or days within a period not
exceeding four months after the issue of a proclamation dissolving Parliament
Communication 241/01 - Purohit and Moore v the Gambia (2003) ACHPR para 76
See Communication 932/2000 - Marie-Hélène Gillot et al. v France (2002) Human Rights Committee;
Communication 2629/2015 - Eduardo Humberto Maldonado Iporre v Bolivia (2018) Human Rights Committee
23
Application no. 42202/07 - Case of Sitaropoulos and Giakoumopoulos v Greece (2012) ECHR, para 64
24
Application 011/2011 – Reverend Christopher R. Mtikila v the United Republic of Tanzania (2013) AFCHPR para
106
21
22
16