President Kgalema Motlanthe on Tuesday announced that the general elections will be held on April 22 2009 — this came ahead of today’s application from the Freedom Front Plus in the Pretoria High Court to delay the presidency from proclaiming the election date.
Central to the application is the right of South African citizens temporarily leaving abroad to vote in the elections.
The Pretoria High Court said on Monday that the Electoral Act ”limited” the casting of votes to citizens temporarily living abroad and ruled that all South Africans living overseas should be allowed to vote.
The judgement was then referred to the Constitutional Court for confirmation.
Constitutional law expert and University of South Africa Professor Shadrack Gutto said the Constitutional Court’s task in considering the ruling was an arduous one.
He said: ”It was an important application … political participation is central to Constitutional provisions but the application comes very late and close to the election.”
Gutto added: ”It will create a real test for the Constitutional Court in the sense that elections cannot be delayed, the terms of office of the current government is prescribed and anything which will delay the process is something that the Constitutional Court will frown upon.”
Chief communications officer at the Independent Electoral Commission Kate Bapela could not be reached for comment.
Meanwhile the South African Youth Forum Abroad, a global organisation of South Africans living abroad, has organized a protest rally against being excluded from voting.
The march will take place in London on March 14.
Joseph Mohajane, spokesperson of the Department of Home Affairs, told the Mail & Guardian Online that they would ”only comment on the issue once [they] have heard the position of the Constitutional Court”.
What expats have to say
The M&G Online asked some South Africans living abroad how they felt about being excluded from voting.
Natale Labia
Aged 24
Living in London
Studying
Been there for four years, staying for two more years
”I think it’s undemocratic; those living abroad are more likely to support the opposition. It’s classic gerrymandering.”
Joshka Thilo
Aged 23
Studying in Zurich
Been there for six months, staying for another year
”I am allowed to vote because I am a student here, I found out because I was lank bummed about not being able to vote.”
Jess Jorgensen
Aged 23
Woking in London
Been there for nine months, nine months left
”I hate the fact that I can’t vote just because I’m in another country for a short amount of time. I’ve lived in South Africa my whole life and love that place, but we are so far behind the rest of the world when it comes to things like this. Look at America, for example. Last year for their presidential election, they sent millions of ballots all over the world, allowing expats to have a fair say. I think it’s disgusting that the South African government won’t allow me to do the same, and I really hope that rules will have changed by the next election.”