CCT3/04

[2004] ZACC 10

2005 (3) SA 280 (CC)

2004 (5) BCLR 445 (CC)

Chaskalson CJ Majority judgment

Ngcobo J dissenting judgment

Madala J dissenting judgment

25 February 2004

3 March 2004

http://hdl.handle.net/20.500.12144/2233

The Constitutional Court refused the application for direct access but subsequently granted the application, and heard the case urgently as a court of first and final instance. The respondents launched an urgent application in the Cape High Court, for an order declaring certain provisions of the Electoral Act 73 of 1998 to be constitutionally invalid. After a delay the applicant applied urgently to the Constitutional Court for an order to allow the dispute in the matter pending in the High Court to be brought directly to the Constitutional Court for determination.

Urgent application to declare unconstitutional and invalid ss 8(2)(f) and 24B of the Electoral Act 73 of 1998 ('the Electoral Act') to the extent that these provisions disenfranchise persons serving a sentence of imprisonment without the option of a fine. The court upheld the application by NICRO and two convicted prisoners serving sentences, in declaring that these provisions are inconsistent with the Constitution and invalid. The provisions deprive prisoners serving sentences of imprisonment without the option of a fine of the right to register and vote in the upcoming elections.