4 March 2009
The Constitutional Court has directed that argument in the four matters
relating to voting outside South Africa in the elections that are to take place
on 22 April 2009 will be heard this week.
As the Minister responsible for the Electoral Act, the Minister of Home
Affairs has a duty to place before the court all information and arguments that
may be of assistance. Arguments will therefore be presented to the court in
support of the submission that the right to vote of certain South African
citizens abroad has not been unjustifiably limited.
The Electoral Act, 73 of 1998 was amended in 2003. Section 33(1)(e) was
introduced to allow South African citizens temporarily abroad and therefore
unable to vote at a voting station in the voting district in which they are
registered, to vote by means of a special vote. It is this provision that the
applicants are seeking to declare unconstitutional.
The Constitution entrusts the task of designing an electoral system to
Parliament. The present system provides for a voters roll system that requires
voters to be registered in the district in which they are to vote. It will
therefore be argued on behalf of the Minister of Home Affairs that the
legislative provisions which the applicants seek to have declared
unconstitutional form part of the fundamental pillars of the district-based
voters-roll electoral system.
It will be argued that should the Constitutional Court declare certain
sections of the Electoral Act unconstitutional, the Order of the Court should
be suspended to allow Parliament to provide the necessary legislative remedy in
accordance with the principle of separation of powers.
For more information contact:
Cleo Mosana
Media Liaison Officer for the Minister of Home Affairs
Cell: 082 902 8796
E-mail: cleo.mosana@dha.gov.za
Thabo Mokgola
Media Relations
Tel: 012 810 7242
Fax: 012 810 7032
Cell 082 902 8414
E-mail: thabo.mokgola@dha.gov.za
Issued by: Department of Home Affairs
4 March 2009
