21
(d)
The relation between the limitation and its purpose;
and
(e) Less restrictive means to achieve the purpoes
(2).
Except as provided in subsection (1) or in all of any
other provision of the Constitution, no law may limit any right
entrenched in the Bill of Rights”
[58] Section 33(1)(b) of the Electoral Act provides in clear and unqualified terms that
an adult citizen who cannot vote at a voting station in the voting district in which
such adult citizen is registered as a voter due to his or her
“absence from the Republic on Government service (or membership of the
household of the person so being absent) is entitled to apply for a special vote”.
[59] “Government service” is not defined and may present problems with
interpretation.
[60] The creation of a privileged group of citizens is contrary to the Constitution and
is in conflict with the Bill of Rights and specifically sections 19 and 36 thereof.
[61] It is an unacceptable form of discrimination in that it affords a privilege to
people on Government services as opposed to people in the private sector and
amounts to totalitarism on the part of the State.
[62] Persons on Government service are also favoured with the privilege that they
need not even notify the Electoral Commission of the fact that they were out of the
country.
[63] This Court must now look at how other courts in the country dealt with and
regard the matter.
[64]
“Unlike the interim Constitution, however, the above
sections contain no provision allowing for
disqualifications from voting to be prescribed by law.
Accordingly, if Parliament seeks to limit the unqualified
right of adult suffrage entrenched in the Constitution, it
will be obliged to do so in terms of a law of general
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