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

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