17
[42] The Electoral Act effectively denies all citizens working abroad (who are not
employed by Government or fall within certain classes) their right to vote, while
the Constitution, which is the overriding enactment, permits all citizens to stand
for election. It is not clear why Parliament enacted provisions to the effect that a
person who qualifies to be a candidate should be disqualified from voting just
because he or she is working outside the country.
[43] The right of a citizen to vote clearly places a duty on the legislature and the
executive to facilitate public participation in the conduct of public affairs by
ensuring that this right can be realised. For this purpose the second respondent
was established. The right to vote which is fundamental to democracy requires
proper arrangements to be made for its effective exercise.
[44] It was highlighted by Yacoob J. in New National Party of South Africa v
Government of South Africa and Others 1999 (3) SA 191 (CC) in para [11] that :
”The importance of the right to vote is self-evident and can never be
overstated. There is, however, no point in belabouring its importance and it
is sufficient to say that the right is fundamental to a democracy, for without
it there can be no democracy. But the mere existence of the right to vote
without proper arrangements for its effective exercise does nothing for a
democracy; it is both empty and useless.”
and in paras [13] to [14]:
“The right to vote contemplated by s 19(3) is therefore a right
to vote in free and fair elections in terms of an electoral
system prescribed by national legislation which complies
with the aforementioned requirements laid down by the
Constitution. The details of the system are left to
Parliament. The national legislation which prescribes the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents