SACHS J
and responsibilities contained in the Constitution”.
The Act must therefore be
interpreted in a way which enhances enfranchisement and underlines the positive
responsibilities of the Commission in facilitating registration and voting. The phrase
“ordinarily resident” must therefore be interpreted in a way which facilitates both the
constitutional and legislative objectives.
[27]
I cannot agree with Els J in regard to the meaning of “ordinarily resident” in
the context of the Electoral Act. It is clear from section 7(1) of the Act that the
relevant date for determining where a person is “ordinarily resident” is the date upon
which the person registers. Whether a person is “ordinarily resident” at that date at a
particular place will depend on the circumstances of each case. When people are
imprisoned, they are forced to leave their homes and to reside in prison. They have no
choice. They eat, sleep and exercise in prison. The vast majority of prisoners had
nowhere else where they were legally entitled to live on the dates fixed for
registration. It will be seen for the reasons given at paragraph 37 below, that the order
made in this case relating to registration, affects those prisoners who were imprisoned
during all the periods of registration for voting between November 1998 and March
1999. Such prisoners will mostly have been in prison for more than three months and
they generally will be “ordinarily resident” in prison as a result. This is not to say that
a person may not have two residences.28 Depending on the circumstances, it may be
permissible to allow prisoners to register in the districts where they lived before they
28
See, for example, Fox v Stirk and another [1970] 2 QB 463 (CA) at 472.
29
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