MADLANGA J
“(1)
Every citizen is free to make political choices, which includes the right—
(a)
to form a political party;
(b)
to participate in the activities of, or recruit members for, a political
party; and
(c)
(2)
to campaign for a political party or cause.
Every citizen has the right to free, fair and regular elections for any legislative
body established in terms of the Constitution.
(3)
Every adult citizen has the right—
(a)
to vote in elections for any legislative body established in terms of the
Constitution, and to do so in secret; and
(b)
to stand for public office and, if elected, to hold office.”
I want to lay emphasis on subsection (1). It affords every citizen the freedom to
make political choices. The fact that what are itemised in the subsection as being the
choices a citizen is free to make22 all relate to political parties does not mean those
choices concern political parties only. If that were the case, instead of saying these
rights or freedoms “include”, the subsection would simply have said the rights “are”.
The present formulation means the rights are more than what is itemised.23 As the first
applicant submits, paragraphs (a) to (c) of section 19(1) “are mere examples of
‘political choices’; they do not cover the field of what [section 19(1)] protects”. A
conscious choice not to form or join a political party is as much a political choice as is
the choice to form or join a political party; and it must equally be deserving of
protection.
Once an adult citizen is forced to exercise the section 19(3)(b) right through a
political party, that divests her or him of the very choice guaranteed by section 19(1)
not to form or join a political party. That cannot be. We must strive for a reading that
does not truncate the full effect of any of the rights afforded by section 19. The
respondents’ reading of section 19(3)(b) results in a diminution of the political choices
These are said to “include” the right to: form a political party; participate in the activities of, or recruit members
for, a political party; and campaign for a political party or cause.
22
Ordinarily, “the terms ‘including’ or ‘includes’ are not terms of exhaustive definition but terms of extension”.
See Minister of Health v New Clicks South Africa (Pty) Ltd [2005] ZACC 25; 2006 (2) SA 311 (CC); 2006 (8)
BCLR 872 (CC) at para 455.
23
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