Kizito Nkitabungi Kabengele

Constitutional Remedies for the Breach of Political Rights: Developments in South Africa (Khutsong) Local Government Elections Kizito Nkitabungi Kabengele

Election related unrest and violence remain a common concern for many of Africa?s democracies. The disrupted election in Khutsong during the 2006 municipal elections has shown that South Africa is no exception. In the light of the Khutsong elections and the case law that emanated from the unrest, this book aims to develop a clearer understanding of the impact of political unrest on the right to vote. At the same time it seeks to develop a better understanding of the scope and limitations of available constitutional remedies to counter violations of the right to vote. The book emphasis that the real problem lies in the failure of the Electoral Commission and the Courts to make effective use of the already existent and available statutory remedies in South African law to protect and enforce the application of the right to vote. Courts of law should adopt a more activist and interventionist role before elections in order to protect the right to vote from violations. The book is thus useful for constitutional and human rights lawyers who advocate for political rights; also for social sciences academics,and civil society activists engaged in advancing human rights and justice.