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.

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