Parliamentary Franchise and Elections

Question 1

What is a Right to franchise?

Answer 1

direct choice

Question 2

Elections are?

Answer 2

democratic principle –elect people to represent

Question 3

Every adult citizen in SA has

Answer 3

The right to vote – subject to s36
* Adult (18 years and older) & citizen
* ss 19(3) & 46(1)(c)

Question 4

Section 19(1)

Answer 4

Every citizen is free to make political choices (name choices)

Question 5

Section 19(2)

Answer 5

Every citizen has the right to free, fair and regular elections for any legislative
body established in terms of the Constitution.

Question 6

Section 19(3)

Answer 6

Every adultcitizen has the right to:
1) Vote (in secret)
2)To stand for public office, if elected hold office

Question 7

Different elements of the right to franchise:

Answer 7

1. General/Universal= All citizens
2. Equal= Votes=same weight
3. Direct= direct influence on result
4. Secret= Ensures voluntary and intimidation free

Question 8

Section 19 disqualifies

Answer 8

1)Non-citizens
2) Minors

Question 9

Limitations– consistent with s 36 (limitation clause)

Answer 9

1) Law of general application (Electoral Act of 1998)and Sec 46
2) Limitation must be
2.1)reasonable
2.2)justifiable in an open and democratic society based on human dignity, equality & freedom.

Question 10

August case

Answer 10

Electoral and Electoral Commission Act (voter registration &
voting)

Question 11

New National Party of SA v Government of SA
(NNP case)

Answer 11

1)administrative requirement
2)Specifically required for the 1999-election (Electoral Act)
3)Bar-coded ID was needed

Question 11

Nicro-case

Answer 11

prisoners serving a sentence without option of fine

Question 12

NNP case Legal question

Answer 12

Were Requirements constitutional/unconstitutional?
1) Disenfranchised millions of people
2)Dep. of Home Affairs would be unable to process all the new
applications

Question 13

NNP case Judgement

Answer 13

1) Voters had sufficient time to apply for new Barcoded ID
2) Requirement to register before you can = administrative requirement= eliminated fraud and other irrregularities
3) Administrative requirement complied with section 36 (was reasonable and justifiable)
4) Administrative Requirement was NOT unconstitutional

Question 14

Section 33(e) of Electoral Act: Special Votes

Answer 14

e) temporary absence from the Republic for purposes of a holiday, a business trip

Question 15

Richter case Court held

Answer 15

Sec 33(1)(e) of the Electoral Act constitute an unjustifiable limitation of Section 19 thus inconsistent with the Constitution
1)) Restricted the classes or registered voters who are absent from the Republic on election day from participating in elections

Question 16

1)When was the Electoral Act amended?
2) When was the Electoral Amendment Act was signed and assented

Answer 16

1) After Richter case of 2009
2) Before 2014-Elections
By the President in November 2013