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application which meets the requirements of
reasonableness and justifiability as set out in section 36”.
(Last sentence of para [5] of August )
[65] There is an affirmative obligation on the second respondent to take reasonable
steps to ensure that eligible voters are registered.
(Last sentence of para [16] of August)
[66] There is an equal affirmative obligation on the second respondent to take
reasonable steps to ensure that voters who are registered are able to vote.
“Rights may not be limited without justification and legislation dealing with
the franchise must be interpreted in favour of enfranchisement rather than
disenfranchisement”.
(Last sentence of para [17] of August and also para (26))
[67]
“As has been stated above, the right of every adult citizen
to vote in elections for every legislative body is given in
unqualified terms. The first and second respondents
correctly conceded that prisoners retain the right to vote,
since Parliament has not passed any law limiting that
right”.
(Para [20] of August)
[68] The same is true of adult citizens registered to vote whilst being absent from the
Republic otherwise than on Government service.
“Parliament cannot by its silence deprive any prisoner of the
right to vote. Nor can its silence be interpreted to empower or
require either the Commission or this Court to decide which
categories of prisoners, if any, should be deprived of the vote,
and which should not. The Commission’s duty is to manage
the elections, not to determine the Electorate. It must decide
the how of voting, not the who.”
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