16
justifiability as set out in section 36 of the Constitution (the limitations clause).
[38] Any limitation of the rights of citizens to vote would have to pass
constitutional scrutiny:
“In a country of great disparities of wealth and power it [the right to
vote] declares that whoever we are, whether rich or poor, exalted or
disgraced, we all belong to the same democratic South African
nation; that our destinies are intertwined in a single interactive
policy. Rights may not be limited without justification and
legislation dealing with the franchise must be interpreted in
favour of enfranchisement rather than disenfranchisement.”
(Para 17 of the August case)
[39] Universal suffrage is extended to all citizens of South
Africa who are:
“(a) equally entitled to the rights, privileges and benefits of
citizenship; and
(b) equally subject to the duties and responsibilities of
citizenship.”
(my underlining)
[40] The Bill of Rights guarantees that every South African has the right to:
a. freedom of movement; and
b. leave the Republic;
[41] This Court is also of the opinion that citizenship, and the attendant right to
vote, is not affected or diminished when a citizen exercises his or her right to
freedom of movement or residence.