MOGOENG CJ required? Is the State best placed to hold certain information to facilitate reasonable access to it by all who need it for the exercise and protection of certain fundamental rights as a way of honouring its section 7(2) constitutional obligations, as is the case with Judges, Parliamentarians and Members of the Executive? [25] Broadly speaking, the nature, importance and purpose of certain constitutional rights or information that relates to them, could necessitate that information be kept and recorded for the sake of, among other things, transparency and accountability. It is conceivable that Parliament might be more permissive in this connection. It might for example identify rights in relation to which information ought to be readily or reasonably accessible. The Constitution might, in relation to certain provisions, like the right to vote, have to be read as requiring of all persons to record or hold and preserve information in a way that would render it capable of being reasonably accessible or disclosable. The right to vote [26] The citizens’ right to express their “will”,24 on which government is based, is provided for in section 19 of the Constitution in these terms: “(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.” 24 The Preamble to the Constitution says in relevant part that the supreme law of the Republic is to lay the foundations “for a democratic and open society in which government is based on the will of the people”. 11