The way has been paved for next year’s general election — for which the date is yet to be announced — to legally proceed following the adoption in the National Council of Provinces on Tuesday of the Electoral Laws Amendment Bill.
The measure has already been approved by the National Assembly, and all that remains is for President Thabo Mbeki to sign the Bill into law.
The legislation, which provides the legal framework for next year’s general election, was opposed by the Democratic Alliance, the African Christian Democratic Party (ACDP) and the United Christian Democratic Party (UCDP).
The DA’s Embre Gouws said her party could not support the Bill because of its Clause 9, which effectively prevents citizens abroad from voting in the election.
Citizens, many of whom had gone abroad to find work they could not find in South Africa, were being prevented from exercising their democratic rights, she said.
Kent Durr of the ACDP said it was wrong to allow only for government officials and their households to vote abroad in a general election.
”I believe it is unconstitutional and discriminatory,” he said.
”In a free society with a free economy where we as a nation have opted for globalisation, the natural and logical consequence of that policy is for South Africans to find themselves studying, serving and working abroad in the interests of our economy.
”Why discriminate against these South Africans and only allow government officials to vote? It is discrimination of the worst kind,” Durr said.
The UCDP’s Johannes Tlhagale also opposed the bill on the same grounds.
Clause 9 defines the circumstances allowing a person to apply for a special vote, if they cannot vote in the voting district in which they are registered, to be:
if they have a physical infirmity or disability, or are pregnant;
if they are out of the country on government service;
if they are absent from their voting district while serving as an election officer; or,
if they are a member of the security services on duty in connection with the election.
This excludes citizens who are temporarily out of the country on holiday or business, or are studying overseas.
These categories were included in a previous draft of the Bill, but were withdrawn late last month following a last-minute amendment tabled by the African National Congress, sparking a furore and threats of legal action. — Sapa