The exclusion of South Africans abroad, other than those on government business, from voting in next year’s election is headed for the courts unless Parliament’s home affairs committee amends the controversial proposal.
At the same time MPs are under pressure to finalise new election legislation by September 23 for passage through Parliament ahead of the October recess. There is tension between the parliamentary committee and the Department of Home Affairs over the long delay in finalising the Electoral Laws Amendment Bill.
Two days of public hearings have been arranged from this Friday, September 12, but by midweek no one had asked to make submissions.
The April elections are widely expected to coincide with the monthlong celebrations of the 10th anniversary of South Africa’s first democratic poll. The Bill is needed if the system of proportional representation is to be retained.
According to constitutional provisions, the existing election arrangements were valid only for the 1994 and 1999 elections.
The Freedom Front and the African Christian Democratic Party have obtained legal advice on the constitutionality of the provision excluding South Africans abroad.
They argue that these citizens would be deprived of a crucial constitutional right. The ACDP argues that this is absurd in light of the fact that prisoners awaiting trial can vote.
Freedom Front MP Corné Mulder confirmed to the Mail & Guardian that the party will, if necessary, approach the Constitutional Court to resolve the issue.
“It is difficult to ascertain how many would be affected, possibly hundreds of thousands,” he said. “We are under some pressure from people abroad, especially young people who feel they are being disenfranchised.”
Section Nine of the Bill allows special voting arrangements only for government officials and their families outside South Africa on election day. Special arrangements for people within the country will be made only for poll security staff and the physically infirm, disabled or pregnant.
From the African National Congress’s perspective, voters abroad represent a potential logistical nightmare. The ANC’s coalition partner, the New National Party, says the high cost of votes abroad would make such a provision unfeasible.