The Democratic Alliance (DA) predicted on Thursday that the court ruling allowing expatriates to vote would improve the party’s performance in the April 22 elections.
”We will benefit differentially from this decision,” DA chairperson James Selfe told a press briefing.
Selfe said the Constitutional Court ruling that extends the right to vote to all registered South Africans living abroad ”represents a great day for our democracy” and a victory for the DA — one of the parties that made representations in the landmark case.
”Most of what we sought to achieve by taking this case to the Constitutional Court has come to fruition.
”The reasons for which you can get a special vote have increased dramatically.”
In two judgements, the court ruled that all registered voters living overseas can vote for National Assembly representation, provided they notify the commission of their intention by March 27.
But the court did not support an application to allow registration overseas, nor a vote for provincial representation.
Selfe said the DA would in coming days decide whether to launch a separate legal bid to secure voters abroad the right to cast ballots for provincial governments as well.
”It is a matter that we need to think through thoroughly.”
Selfe said figures have shown that most registered voters reside in the United Kingdom and that the party might extend its campaign to reach the large expatriate community there.
”If we are going to go overseas that is where we are going to go,” he said.
It was likely though to rely on volunteers to canvas potential voters instead of flying senior party members abroad.
”There is certainly a number of volunteers who have volunteered to campaign,” he said.
”We don’t have any firm plans on going to campaign.”
Selfe said the DA could only guess how many extra ballots would be cast abroad as a result of Thursday’s ruling but the party has been contacted by more than 20 000 citizens in foreign countries in recent weeks about the issue.
Some 5 170 South Africans overseas who qualified by law before the Constitutional Court made its pronouncement, have notified the Independent Electoral Commission (IEC) that they planned to vote.
Selfe said his party had no regrets about not bringing a legal challenge to the Electoral Act sooner, as it had done so as a last resort after asking the IEC to interpret the Act differently but to no avail.
Meanwhile the IEC said it was ready to accommodate registered voters living overseas, following Thursday’s judgment.
”All we have to look at now is the numbers we are talking about,” said chief electoral officer Pansy Tlakula after the judgement.
”We are relieved this is over,” said Tlakula.
‘Prepared for worst-case scenarios’
”There is certainty on the matter and we will be able to start preparing for overseas votes.”
”We expect the numbers will maybe double or more.”
She was relieved the court only ruled for registered voters.
The commission always planned for a ”worst-case scenario” and had previously had to provide three million extra ballot papers in a last-minute court success by the African Christian Democratic Party in a previous election.
”We had some contingency plans so it wasn’t a problem for us.”
Willie Spies, lawyer for Pretoria teacher Willem Richter who got the Pretoria High Court to support his bid to vote while he works in the UK, said he was very pleased with the judgement.
”His mother [Richter’s] is here and she will probably SMS him straight away,” said Spies.
”We got exactly what we asked for.”
Anthony Penderis of the A-Party, who had hoped to get unregistered voters the right to register abroad, said the right to vote while abroad was a democratic success and they would work on the overseas registration.
Afriforum’s Kallie Kriel said they would now concentrate on getting the overseas registered voters to get in touch with the IEC before the March deadline.
Reactions from political parties
Other political parties also welcomed the Constitutional Court’s ruling on Thursday.
African National Congress (ANC) spokesperson Jessie Duarte said the ruling was in line with the ANC’s view that every effort should be made to ensure that all South Africans, including those temporarily living abroad, be given an opportunity to cast their votes in elections.
The Constitution guaranteed the right of all eligible South Africans to cast their votes — a right the ANC fought for over many decades, she said.
”We therefore call on all South Africans living abroad who are registered voters to make application for a special vote by the deadline of March 27,” she said.
Not quite agreeing with Duarte’s statement, Inkatha Freedom Party (IFP) chief whip Koos van der Merwe described the ruling as a victory for IFP leader Mangosuthu Buthelezi.
”When he was minister of home affairs, Prince Buthelezi warned both Parliament and Cabinet that it was unconstitutional to prevent South Africans residing abroad from voting.
”Now that this issue has come before the Constitutional Court, the expert evidence of Prince Buthelezi has been relied on to win the case,” he said.
Buthelezi was allowed to intervene in the case as a friend of the court and advised that there were at least three ways to make it possible for South Africans residing abroad to vote.
”His evidence disproved the ANC’s stance that this is impossible, difficult or overly expensive,” Van der Merwe said.
Congress of the People spokesperson Sipho Ngwema said the party was elated with the decision.
”We believe this to be a validation of every South African’s right to exercise their democratic right to choose the government of their choice.”
The decision vindicated Cope’s position to defend the Constitution and ensure all democratic institutions were protected, including the right to participate in free and fair elections, he said.
Colin Fibiger of the Christian Democratic Alliance (CDA) also welcomed the ruling, saying the CDA had supported this action from the outset. — Sapa