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
"