8
circumstances. As I have always spoken with candour to my colleagues, I
felt I had to share these concerns.
Objections were also raised against the use of the phrase: “assistance to
handicapped voter” in the long title of the Act. Therefore, the amendments
substitute the phrase: “assistance to handicapped voters” in the long title of
the Act for “assistance to voters with disabilities”.
I hope that these amendments may be in the best interest of our fledgling
democracy and may avert threats of legal action which could have the
effect of disrupting our preparations for next year’s elections. I urge that
this House accepts the Electoral Laws Second Amendment Bill.
I thank you.”
[12] From the above it is clear that the decision to disqualify certain classes
of voters, like the applicant, from voting, was a political decision and not one
of necessity.
[13] The nature of and the contents of the right of a South African citizen to
vote must now be examined. In the case of August and Another v Electoral
Commission and Others 1999 (3) SA 1 (CC) Yacoob J stated the following in
paragraph [17] of the judgment:
“Universal adult suffrage on a common voters' roll is one of the
foundational values of our entire constitutional order. The achievement
of the franchise has historically been important both for the acquisition
of the rights of full and effective citizenship by all South Africans
regardless of race, and for the accomplishment of an all-embracing
nationhood. The universality of the franchise is important not only for
nationhood and democracy. The vote of each and every citizen is a badge
of dignity and of personhood. Quite literally, it says that everybody
counts. In a country of great disparities of wealth and power it declares
that whoever we are, whether rich or poor, exalted or disgraced, we all
belong to the same democratic South African nation; that our destinies
are intertwined in a single interactive polity. Rights may not be limited
without justification and legislation dealing with the franchise must be
interpreted in favour of enfranchisement rather than
disenfranchisement.”