SACHS J legislation31 from voting in the 1994 elections, but that was specifically sanctioned by the interim Constitution.32 Although there is no comparable provision in the 1996 Constitution, it recognises that limitations may be imposed upon the exercise of fundamental rights, provided they are reasonable and justifiable and otherwise meet the requirements of section 36. The question whether legislation disqualifying prisoners, or categories of prisoners, from voting could be justified under section 36 was not raised in these proceedings and need not be dealt with. This judgment should not be read, however, as suggesting that Parliament is prevented from disenfranchising certain categories of prisoners. But, absent such legislation, prisoners have a constitutional right to vote and neither the Commission nor this Court has the power to disenfranchise them. [32] In any event, this case is not only about criminals convicted of serious offences. Indeed the second applicant has not been convicted of any offence and, on the evidence of the amicus, more than a third of all prisoners are in her position. In addition, thousands of them are in prison because they cannot afford to pay low amounts of bail or small fines. One should not underestimate the difficulties that would confront the legislature in our particular context in determining whether or not certain classes of prisoners may legitimately have their right to vote limited. [33] Parliament cannot by its silence deprive any prisoner of the right to vote. Nor can its silence be interpreted to empower or require either the Commission or this 31 Section 16 of the Electoral Act No. 200 of 1993. 32 Section 6(c). 32