vulnerable or marginalised groups in society); robust electoral management
system and institutionalisation (institutional clarity to ensure trust in the system
and to prevent any undemocratic power grabs).
64. The Amicus Curiae submits that “measures imposed to combat Covid-19 risk
undermining electoral principles such as accurate voter registration or effective
(safe) campaigning. To counter these risks, restrictions to the rights to freedom
of expression, information, privacy, assembly and association must be kept to the
absolute minimum necessary. Campaigning methods that involve physical
proximity such as door-to-door visits may be limited. Ensuring the freedom of
voters to form an opinion must in such circumstances be made through
alternative campaigning methods, including by taking into consideration how
changes made impact the overall playing field.”
***
65. The Court notes that the electoral period provides a framework for the general
mobilisation of political parties, candidates and their supporters, and public
institutions involved in the electoral process, notably, those responsible for
issuing documents and validating candidatures. National and international
observers, and civil society organisations participating in the civic and voter
education campaigns, are also involved in the electoral process.
66. The Court is of the view that conducting elections in a situation of emergency, as
is the case with the Covid-19 Pandemic, a disease that is easily transmissible,
including through contact between humans and between humans and
contaminated objects, requires that appropriate measures be taken to prevent its
transmission, without undermining the integrity of the electoral process.
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