REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
228.
During the period under review, Parliament undertook various Taking Parliament to the
People Programmes. This programme gives South Africans the opportunity to make their
voices heard by participating in parliamentary processes and seeing how Parliament
works. The programme brings together the National, Provincial, and Local spheres of
government in order to address service delivery issues in the targeted area and is one of
the vehicles used by the NCOP to conduct oversight over the executive. The NCOP’s
constitutional imperatives of facilitating public participation, conducting its business in
an open manner, and holding its sittings and those of its committees in public have been
brought to life by the Taking Parliament to the People programme. Through this
programme, the NCOP has been able to promote greater public participation in
parliamentary affairs by enabling individuals and representatives of civil society to meet
members of the NCOP in different parts of the country. The programme deepens
awareness about the work of the NCOP and the provincial legislatures and how the public
can participate in their processes.
Applicable case law
146
147
229.
In the Constitutional Court decision in Richter v Minister of Home Affairs146the question
before the court was whether the legislative scheme as it then was, which limited the
right of South African citizens who were registered as voters but who would be out of the
country when the elections took place on 22 April 2009, was consistent with the
Constitution. O’Regan J, writing for a unanimous court, considered the ambit and
purpose of the right to vote. She emphasised its symbolic and democratic value, and the
obligations the right places on both the state and the voting public. In this light, O’Regan
J held that the right to vote is infringed if a registered voter is willing to take reasonable
steps to exercise his or her right to vote, but is nevertheless prevented from doing so by
a statutory provision. On this basis, O’Regan J held that section 33(1)(e) of the Electoral
Act and the related provisions of the Regulations constitute an unjustifiable limitation of
section 19 of the Constitution in restricting the classes of registered voters who are
absent from the Republic on election day from participating in elections. The
consequence of this conclusion was that the Court had to make an order extending the
period within which those who are to be abroad on polling day may notify the Chief
Electoral Officer of their intention to do so. The effect of the Court’s order was that all
South African citizens who were registered voters and who would be abroad on polling
day would be entitled to vote in the election for the National Assembly on 22 April
provided they gave notice of their intention to do so by 27 March to the Chief Electoral
Officer and identified the embassy, high commission or consulate where they intend to
cast the special vote.
230.
Other cases of note during the period under review include that of Merafong
Demarcation Forum v President of the Republic of South Africa147 which concerned the
definition of public participation and Doctors for Life International v Speaker of the
2009 (3) SA 615 (CC)
2008 (10) BCLR 968 (CC)
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