All prisoners can vote, Court rules
3 March 2004
The Constitutional Court ruled on Wednesday that prisoners sentenced without the option of a fine should also be allowed to vote in South Africa's third general elections on 14 April.
The Court's ruling follows an application lodged last month by the SA Institute for Crime Prevention and the Reintegration of Offenders (Nicro) and two prisoners serving sentences without the option of a fine.
They argued that an amendment to the Electoral Act promulgated in December 2003 violated two Constitutional rights of prisoners: the right to vote and the right to equality.
Under the Electoral Laws Amendment Act, only prisoners awaiting trial and prisoners given the option of paying a fine are allowed to vote in the April elections.
The applicants argued that there was no logistical or practical reason why prisoners should not vote.
They conceded that, as a matter of principle, Parliament was entitled to limit the right to vote if there
was a demonstrable justification for the limitation, but in this case argued that there was no such justification.
The Independent Electoral Commission said at the hearing that although the Voter's Roll had already been closed, there was still time to register prisoners to vote.
Source: Nicro
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