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Botswana
General Right to
Vote
Constitution:
(1997)
See Article 67
Exclusion Based
on Mental Disability
Constitution:
(1997)
Article 5, section (1) states: "No person shall be deprived
of his personal liberty save as may be authorized by law in any of the
following cases, that is to say
(h) in the case of a person who is,
or is reasonably suspected to be, of unsound mind, addicted to drugs or
alcohol, or a vagrant, for the purpose of his care or treatment or the
protection of the community."
Article 62, section (1) disqualifies from membership in the National
Assembly any person who "
(c) is certified to be insane or otherwise
adjudged to be of unsound mind under any law for the time being in force
in Botswana."
Article 79, section (5) disqualifies from membership in the House
of Chiefs any person who "
(c) is certified to be insane or
otherwise adjudged to be of unsound mind under any law for the time being
in force in Botswana."
Electoral Law:
(1984: Electoral Act)
Article 6, section (1) states: "No person shall be qualified
to be registered as a voter who
(c) is a person certified to be insane
or otherwise adjudged or declared to be of unsound mind under any law
for the time being in force in Botswana
"
Exclusion Based
on Physical Disability
Constitution:
Article 61 states: "
a person shall be qualified to be
elected as a Member of the National Assembly if, and shall not be qualified
to be so elected unless he
(d) is able to speak, and, unless incapacitated
by blindness or other physical cause, to read English well enough to take
an active part in the proceedings of the Assembly."
Article 79, section (4) states: "
a person shall be qualified
to be elected as a Specially Elected Member of the House of Chiefs if,
and shall not be qualified to be so elected unless, he
(c) is able
to speak, and, unless incapacitated by blindness or other physical cause,
to read English well enough to take an active part in the proceedings
of the House."
Voter Assistance
By Other Citizens
Electoral Law:
(1984: Electoral Act)
Article 51, section (g) states: "on the application in person
of any voter who is incapacitated by blindness or other physical cause
from voting, the presiding officer shall secretly record the voter's vote
by putting into the ballot envelope the counter having the voting color
of the candidate for whom the voter wishes to vote, and he shall then
seal the ballot envelope and put the unused counters into the discard
box and drop the ballot envelope into the ballot box."
Indelible Ink Excusal
Electoral Law:
(1984: Electoral Act)
Article 51, sections (a) and (b) describe the normal manner of
voting, including the immersion of the right thumb in indelible ink. "Provided
that: (i) in the case of a voter without a thumb, such a voter shall immerse
a finger up to at least the whole of the exposed nail; (ii) in the case
of a voter without any thumb or finger, the provisions of this paragraph
relating to the immersing of a thumb in ink shall not apply
"
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