August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3; 1999 (3) SA 1; 1999 (4) BCLR 363 (1 April 1999)

August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3; 1999 (3) SA 1; 1999 (4) BCLR 363 (1 April 1999)

The Constitutional Court held that, in the absence of any legislative provision disqualifying prisoners from voting, all prisoners retain the constitutional right to register and vote. The Electoral Commission is under a positive obligation to take reasonable steps to facilitate the registration and voting of eligible prisoners. The phrase 'ordinarily resident' in the Electoral Act must be interpreted to include prisoners as ordinarily resident in prison for the purposes of registration. The failure of the Commission to make arrangements for prisoners to register and vote constitutes a threatened breach of section 19 of the Constitution. The Court ordered the Commission to make all...

Citation
[1999] ZACC 3
Parties
Applicant: Arnold Keith August; Applicant: Veronica Pearl Sibongile Mabutho; Respondent: Electoral Commission; Respondent: Chairperson of the Electoral Commission; Respondent: Minister of Home Affairs; Respondent: Minister of Correctional Services
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
1 April 1999
Case Number
CCT8/99
Procedural Posture
Constitutional Appeal / Appeal From Transvaal High Court; Application for Leave to Appeal and Merits Heard Simultaneously
Outcome
Appeal allowed; application for leave to appeal granted; High Court order set aside and replaced with orders granting prisoners the right to register and vote.
Judges
Sachs, Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, O'Regan, Yacoob
Legal Topics
Right to Vote, Universal Suffrage, Equality Before Law, Enfranchisement, Electoral Act Interpretation
Constitutional Law Civil Procedure Right to Vote Universal Suffrage Equality Before Law Enfranchisement Electoral Act Interpretation

Case Brief

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Parties

Arnold Keith August

Applicant

Veronica Pearl Sibongile Mabutho

Applicant

Electoral Commission

Respondent

Chairperson of the Electoral Commission

Respondent

Minister of Home Affairs

Respondent

Minister of Correctional Services

Respondent

Procedural Posture

Constitutional Appeal / Appeal From Transvaal High Court; Application for Leave to Appeal and Merits Heard Simultaneously

Legal Issues

  1. 1 Whether prisoners are constitutionally entitled to register and vote in the general elections.
  2. 2 Whether the Electoral Commission is obliged to make arrangements to enable prisoners to register and vote.
  3. 3 How the phrase 'ordinarily resident' in the Electoral Act applies to prisoners for registration purposes.

Ratio Decidendi

The Constitutional Court held that, in the absence of any legislative provision disqualifying prisoners from voting, all prisoners retain the constitutional right to register and vote. The Electoral Commission is under a positive obligation to take reasonable steps to facilitate the registration and voting of eligible prisoners. The phrase 'ordinarily resident' in the Electoral Act must be interpreted to include prisoners as ordinarily resident in prison for the purposes of registration. The failure of the Commission to make arrangements for prisoners to register and vote constitutes a threatened breach of section 19 of the Constitution. The Court ordered the Commission to make all...

Court Disposition

Appeal allowed; application for leave to appeal granted; High Court order set aside and replaced with orders granting prisoners the right to register and vote.

Orders

  • All persons who were prisoners during each and every period of registration between November 1998 and March 1999, and who are not excluded by section 8(2) of the Electoral Act 73 of 1998, are entitled to register as voters on the national common voters' roll.
  • All persons who are prisoners on the date of the general election are entitled to vote in that election if they have registered to vote.