2009 01 29 'Prisoners have right to vote, but expats denied', The Times

While South Africans abroad wait for a court to rule on whether they can vote in the coming elections, prisoners will register to vote next month.

The Civil Society Prison Reform Initiative said yesterday that voter regis­tration would take place in prisons from February 2 to 5. The group`s co-ordinator, Lukas Mun-tingh, said: `Prisoners who want to participate in the elections need to be registered as voters.

`Prisoners, as is the case with all other eligible voters, will require their identity documents to register and to participate in the elections.` Muntingh said prison­ers of all categories were eligible to register and vote.`Because many prisoners often do not have their identity documents with them in prison, but with their family members, we encourage relatives to assist as a matter of urgency in this regard and bring their identity documents to them in prison,` he said.

Prisoners were given the right to vote by a Constitutional Court ruling in March 2004. The court upheld an application, by two prisoners and the National Institute for Crime Prevention and the Reintegration of Offenders, for an order declaring certain provisions of the Electoral Act inconsis­tent with the Constitution and invalid.

While inmates will find it relatively easy to register to vote, South Africans living abroad face an uphill battle. The Democratic Alliance has lodged an application in the Cape High Court chal­lenging sections of the Electoral Act that preclude thousands of South Africans abroad from voting.

As the law stands, only those away from the country for `purposes of a holi­day, participation in an international sporting event, those that are studying abroad at tertiary institutions or [are] on an educational visit, and those that are on a business trip` are allowed to vote.

The DA`s James Selfe said yesterday: `The Constitutional Court ruled that prisoners should vote as imprisonment does not deprive them of these rights.

`In light of this ruling, the court should be inclined to allow law-abiding citizens abroad their right to vote.`Selfe added: `The same logic should follow with those that are overseas.

`Before the IEC [Independent Electoral Commission] gets involved with priso­ners, it should first ensure that law-abiding citizens are allowed to vote,` the DA spokesman said.

Attempts to obtain comment from the IEC yesterday were unsuccessful.

• A poll on The Times website shows that three-quarters of those who took part think South Africans abroad should be

allowed to vote.

Yes: 74.25 percent

No: 25.75 percent

Total number of votes: 2 602

Sashni Pather

 

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