CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT …

CONSTITUTIONAL COURT OF SOUTH AFRICA . Case CCT 8/99. ARNOLD KEITH AUGUST First Applicant VERONICA PEARL SIBONGILE MABUTHO Second Applicant versus THE ELECTORAL COMMISSION First Respondent THE CHAIRPERSON OF THE ELECTORAL COMMISSION Second Respondent THE MINISTER OF HOME AFFAIRS Third Respondent THE MINISTER OF CORRECTIONAL SERVICES Fourth Respondent Heard on : 19 March 1999. Decided on : 1 April 1999. JUDGMENT. SACHS J: The Context [1] The issue before this COURT concerns the voting rights of prisoners. It arises in an appeal against the judgment of Els J in the Transvaal High COURT which in effect SACHS J. held that the Electoral Commission (the Commission)1 had no obligation to ensure that awaiting trial and sentenced prisoners may register and vote in the general elections which has been announced for 2 June 1999. [2] In the first democratic elections held five years ago, Parliament determined that, with certain specified exceptions, all prisoners could vote.

prisoners to register and to vote should the Court's decision be to that effect.” The Commission therefore made it plain that it undertook, within its capacity, to enable prisoners to register and vote should a court so order. [8] The matter came before Els J in the Transvaal High Court on 22 February 1999 and judgment was delivered the next day.

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