South Africa Case Law

August and Another v Electoral Commission and Others (CCT8/99)

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

Court

Constitutional Court

Case number

CCT8/99

Judges

Sachs, Chaskalson, Langa, Ackermann, Goldstone, Madala, Mokgoro, O'Regan, Yacoob

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 threat…

Source excerpt

• Right To Vote
• Universal Suffrage
• Equality Before Law
• Enfranchisement
• Electoral Act Interpretation