Political parties have expressed their dismay at the African National Congress’ (ANC) decision on Tuesday to table a last minute legislative amendment effectively preventing citizens abroad from voting in next year’s general election.
The Democratic Alliance (DA) said it would continue to contest the ruling party’s disenfranchisement of South Africans overseas. Spokesperson Sakkie Pretorius said there was absolutely no logical reason why anyone who was temporarily out of the country at the time of next year’s election should be prevented from voting.
The Freedom Front (FF) said the ANC’s action was a ”shocking about-face” and violation of an agreement, while the African Christian Democratic Party (ACDP) said it might result in the Electoral Laws Amendment Bill being unconstitutional.
Both parties threatened legal action in this regard.
Last Friday, the National Assembly’s home affairs committee approved the bill, under which three categories of special votes would be allowed — students; citizens temporarily out of the country, such as holidaymakers; and people abroad for business reasons.
However, this clause is now likely to be withdrawn after the ANC tabled an amendment to the bill on Tuesday. Pretorius said this took the country back five years.
”It limits the most fundamental democratic right, and that is to cast a vote in an election. We reject the argument that the cost is prohibitive. Many developing countries, some much poorer than ours, allow their citizens to vote overseas.
”The ANC government claims it wants to woo South African professionals and those with scarce skills back to the country to contribute to the economy, yet it is trying to prevent those same people from having a political stake in this country,” Pretorius said.
FF home affairs spokesperson Dr Corne Mulder said his party had been trying for the past two years to convince government that South African citizens abroad during the elections should be enabled to vote.
”Last Friday, the FF succeeded in this effort. At that stage, the portfolio committee for home affairs officially amended the Electoral Act to make this possible.
”Today (Tuesday), the ANC, in accordance with Rule 254, placed an amendment on the order paper, proposing that all South African citizens abroad, except those in the civil service, be disenfranchised,” Mulder said.
This action was cynical and insensitive. The FF also saw it is as contempt for democracy.
”The FF will immediately instruct its legal advisers to study the legal implications of this step, with a possible application to the Constitutional Court in mind,” Mulder said.
ACDP spokesperson Steve Swart agreed the proposed amendment might result in the bill being unconstitutional.
”In view of these developments, and should the ANC persist in removing the clause, the ACDP will consider an application to the Constitutional Court to ensure that the voting rights of citizens overseas are protected.
”The exclusion of overseas voters will be in direct contravention of section 19 of the Constitution, which guarantees adult citizens the right to vote in elections in South Africa,” he said. – Sapa