WALLIS AJ
other voting district: Provided that where that person is ordinarily
resident outside the Republic, his or her name must be entered in a
segment of the voters’ roll created for that purpose.”
[60]
In August this Court stressed the importance of permitting all citizens to vote in
the absence of any justifiable limitation of that right.52 It accordingly set aside the
failure by the chief electoral officer to register prisoners so as to enable them to vote.53
Following upon that decision section 7(3) was amended to deal with the identification
of the place or ordinary residence of persons entitled to vote. This was important
because of the provisions of section 8(3) of the Electoral Act that impose a duty on the
chief electoral officer, when making entries in the voters’ roll, to ensure that the voter
is registered “only for the voting district in which that person is ordinarily resident and
no other voting district”.
[61]
Ensuring that voters are correctly registered in the voting district where they
are ordinarily resident is of particular importance in the context of municipal elections
because they are conducted in the first instance on a ward basis. National and
provincial elections are conducted on a party list system.54
[62]
All metropolitan municipalities and local authorities are required to be
delimited in wards.55 The reason for ward representation in municipalities is to bring
the politicians dealing with issues that most directly impact upon ordinary citizens
52
August above n 21 at para 31.
53
Id at para 38.
54
In national elections, the number of persons elected to represent each party is determined by way of a
calculation in which the number of votes cast for each party is divided by the number of seats in the
National Assembly, or the relevant Provincial Legislature, minus one to determine the voting quota (number of
votes) that is required for the election of one member. The seats are then apportioned accordingly, with the last
few seats being allocated in accordance with the fractions of voters remaining to the credit of each party after
their full number of seats allocated in accordance with voting quotas has been ascertained. See section 57A,
read with Schedule 1A, of the Electoral Act. In regard to the National Assembly, see items 5 and 6, and in
respect of provincial legislatures, see item 13 of Schedule 1A.
55
Item 2 in Schedule 1 to the Local Government: Municipal Structures Act 117 of 1998. Demarcation is
undertaken by the Demarcation Board established in terms of section 2 of the Local Government: Municipal
Demarcation Act 27 of 1998.
33