Synopsis:
Two applications seeking an order declaring sections 7(2), 7(3)(a), 8(3), 9(1) and 60(1) of the Electoral Act as well as the regulations giving effect to them unconstitutional and invalid to the extent that they precluded South African citizens living abroad from registering as voters in terms of the Electoral Act. Also a challenge to section 33(1) of the Electoral Act as it makes no provision for South African citizens who are not ordinarily resident in the Republic who wish to apply for a special vote. The Court dismissed challenges to regulation 17 of the Election Regulations, to sections 7(2), 7(3)(a), 8(3), 9(1) and 60(1) of the Electoral Act and to regulations 2 and 11 of the Voter Registration Regulations. These provisions relate to the essence of the electoral scheme chosen by Parliament and the Court is hesitant to sit as the court of first and last instance especially since the urgency was due to the applicants? failure to act earlier. The Court upheld the constitutional challenge to certain portions of section 33(1)(e) and regulations 6(e), 11, 12 and 13 of the Election Regulations. Any registered voter who was living abroad qualifies for a special vote. The Court awarded the applicants half of the costs. Majority: Ngcobo J (unanimous)
