under section 41 of the Electoral Act No. 12 of 2006 to relocate polling stations that are not accessible to persons with disabilities to accessible premises. (v) An order directed at the Respondent to make provision for exercise of a special vote pursuant to section 24 of the Electoral Act No. 12 of 2006 for persons with disabilities who are unable to vote at their respective polling stations by reason of their disability. (vi) A mandatory injunction directed at the Respondent to formulate and issue a detailed plan and budget aimed at providing services and amenities aimed at ensuring equal participation by person with disabilities in the electoral process. (vii) Any other order the Court deems fit. (viii) Costs." th The Petitioner has moved this petition by way of petition and affidavit verifying fact. The same were filed on 24 August, 2011, and are made pursuant to the following provisions of the law; The Protection of Fundamental Rights Regulations 1969; Articles 23, 28, and 75 of the Constitution; Section 19 of The Persons With Disabilities Act; Sections 18, 24, 40, 41, 42 45 and 60 of The Electoral Act; and Regulation 7 of the Electoral (Code of Conduct) Regulations. The Respondent did not file an answer to the Petition. It did however, apply for leave to file an answer out of time, which leave was denied, because the application was made after the close of the hearing and whilst the matter was pending judgment. The facts as revealed by the petition and affidavit verifying facts are as follows; The organisation as the entity charged with the responsibility of advancement and protection of the rights of persons with disabilities, formulated an accessibility audit check list based on the United Nations disability manual. Following from this, in the year 2008, it trained its employees and agents in the field of ascertaining accessibility to buildings, services and amenities in general in Zambia, to persons with disabilities. It also undertook research into the extent to which the services provided by the Respondent enhanced the equitable, free and fair participation of persons with disabilities in the electoral process. Arising from the said research the orgainsation has discovered the provision for use of tactile ballot guides, formulated by the International Federation of Electoral Systems, to enable voters who are blind or partially sighted to cast their vote in secret and with dignity. This is in cases where they do not wish to be assisted in casting their vote. Prior to the foregoing, in 2006, the organisation engaged the Respondent with a view to having the latter initiate legislative and policy reform which would result in equitable participation by persons with disabilities in the electoral process. The Respondent has however, not been willing to seriously dialogue with the organization in that respect. th th Subsequently, on 29 and 30 August, 2010, during the registration of voters exercise, the organisation through its agents and employees conducted an audit at several stations in Lusaka, to ascertain the accessibility to the said centres and services offered by the Respondent to persons with disabilities. The stations visited included Kabwata Constituency, Kanyama Constituency, Lusaka Central Constituency, Munali Constituency, Matero Constituency and Madevu Constituency. The audit of these stations revealed that they were not accessible to persons with disabilities, especially those on wheel chairs and the blind. Further, that the registration officers interviewed at the stations did not possess knowledge on sign language nor were they qualified to handle issues related to people with disabilities. As a result, persons with disabilities were made to stand in long queues with no access to toilets or suitable toilet facilities. This had the effect of discouraging most of them from registering

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