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

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