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the rights and benefits and even privileges of citizenship;
(Section 3(2)(a))
c) oblige the State to respect, protect, promote and fulfill inter alia
the right to vote;
(Section 7(2))
d) determine that everyone is equal before the law and has the
right to equal protection and benefit of the law;
(Section 9(1))
e) determine that everyone has inherent dignity and the right to
have their dignity respected and protected (patently, inter alia by
the State)
(Section 10)
f) provide the basis and extent upon which the right to vote may be
limited;
(Section 36)
g) provide the basis upon which inter alia the right to vote must be
interpreted;
(Section 39)
[51] By enacting the general legislation to deal with the voting process namely the
Electoral Act, 1998, of which section 2 stipulates:
“Every person interpreting or applying this Act must –
do so in a manner that gives effect to the constitutional
declarations, guarantees and responsibilities contained in the Constitution”
the legislature issued instructions to every person interpreting the Act.
[52] The legislature foresaw that every voter would not be in his voting district on
polling day. In consequence and in order to extend the opportunity to exercise the
right to vote (as the legislature was compelled to do) the legislature in section 33
provided a mechanism to accommodate persons that “cannot vote at a voting station
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