DA Seeks voting rights abroad

[LazyLion]

The DA has approached the Western Cape High Court to allow South Africans living overseas to register for both national and provincial elections, the party said on Wednesday.

The party and nine other applicants filed papers in the high court on Tuesday, said Democratic Alliance federal executive chairman, James Selfe.

The Constitutional Court found in 2009 that the Electoral Act and its regulations were unconstitutional and invalid as it prevented citizens living overseas from voting in national elections.

The home affairs department had since tabled the Electoral Amendment Bill as a remedy and it was currently before the home affairs portfolio committee.

The DA believed the bill might still be unconstitutional because it excluded the right to a provincial vote.

"As it stands, the Independent Electoral Commission's bill will only allow for overseas voters to vote for the national list and not the regional list," Selfe said.

"By doing this, the bill would also effectively rule out having a constituency-based system. It will also not provide for overseas voters to vote for the provincial legislature."

The party wanted citizens to be able to register abroad and have voting stations made available in locations where a substantial number of South Africans lived, but where there were no embassies or consulates.

Selfe said he had already sought these rights through a private member's bill submitted earlier this year but it was rejected by Parliament.

The Electoral Act already allowed public servants living abroad or outside their province to register as voters and to vote in provincial elections.

"This right should be extended to all South Africans otherwise it effectively creates a situation of some being more equal than others," Selfe said.

The additional vote option would not create logistical or administrative problems.

"All that will be required is for the IEC to provide overseas voters with two ballot papers instead of one. In terms of counting those votes towards the provincial list, they can follow the exact same procedure as is already done for government officials abroad."


Source : Sapa /je/jk/ks/jje
Date : 04 Sep 2013 14:57

 

[Fazda]

Watch the ANC chuck a spanner in the works on this one!

 

[daveza]

Ex-pats could vote last time around - what has changed ?

 

[Sherbang]

I'm not sure it makes sense to give them a provincial vote?
National, yes, but provincial might be complicated - especially if they have been living outside of the country for an extended period of time - do they just choose a province or is it the last province they ever lived in?

 

[Sherbang]

Ex-pats could vote last time around - what has changed ?

DA wants provincial vote as well as national vote

 

[daveza]

Every adult citizen has the right, without unreasonable restrictions—
to be registered as a voter;
to vote by secret ballot in any election or referendum; and
to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office. (Emphasis mine)

The Constitution appears to demand the right to vote.

 

[Sherbang]

The Constitution appears to demand the right to vote.

The provincial vote is related to the province you live in right?
You can't just choose which province you want to vote in.
So how would that work if you live overseas?

 

[daveza]

The provincial vote is related to the province you live in right?
You can't just choose which province you want to vote in.
So how would that work if you live overseas?

Point taken.

So prisoners held outside of their province would be denied the vote as well ?

What about sports teams overseas at the time ?

 

[Sherbang]

Point taken.

So prisoners held outside of their province would be denied the vote as well ?

What about sports teams overseas at the time ?

I guess if they have proof of residence they should be allowed to vote, yes.
If you happen to be away on holiday or whatever, you still live in SA and have an address in SA.

 

[daveza]

I guess if they have proof of residence they should be allowed to vote, yes.

So SA people overseas at the time who have proof of residence should have the same rights ?

 

[Sherbang]

So SA people overseas at the time who have proof of SA residence should have the same rights ?

I would be OK with that, yes.

 

[Fudzy]

Watch the ANC chuck a spanner in the works on this one!

I don't see why, pretty sure there are ex-pat ANC supporters out there.

 

[sox63]

Missleading headline, the bill makes provision for expat votes. What the DA wants is for people not living in SA to get a provincial vote, which makes no sense to me at all.

 

[daveza]

Missleading headline, the bill makes provision for expat votes. What the DA wants is for people not living in SA to get a provincial vote, which makes no sense to me at all.

On what basis can ex-pats no longer living here vote nationally but not provincially ?

 

[Sherbang]

On what basis can ex-pats no longer living here vote nationally but not provincially ?

:erm: I thought we went through this. If they are ex-pats they are not living here and therefore won't have proof of residence.
What province do they vote in?

 

[daveza]

I get that - what I don't get is if they are no longer living here ( no proof of residence ), why they get to vote at all .

Because they are still SA citizens I guess but the logic fails.

 

[Sherbang]

I get that - what I don't get is if they are no longer living here ( no proof of residence ), why they get to vote at all .

Because they are still SA citizens I guess but the logic fails.

If they haven't given up their citizenship they have a vested interest in how the country is run - there is a good chance they intend to return one day, or will be forced to return one day, so it's important they have an opportunity to vote if they want to. IMO

 

[daveza]

If they haven't given up their citizenship they have a vested interest in how the country is run - there is a good chance they intend to return one day, or will be forced to return one day, so it's important they have an opportunity to vote if they want to. IMO

Then in that case, they may want to return to the W Cape and have a vested interest in ensuring it's still run by the DA when they get here ?

 

[Sherbang]

Then in that case, they may want to return to the W Cape and have a vested interest in ensuring it's still run by the DA when they get here ?

If they have proof of residence there, yes. If not, then there is no way of knowing where they will end up in the country and they may not know themselves where they will end up.

I still think it makes sense to allow citizens abroad to vote nationally as they are citizens of South Africa, not any particular province. I think it complicates things to allow them to vote provincially when they don't live in a specific province. If they have proof of residence then that's a different matter as they can prove they have a vested interest in the running of that province.

 

[ponder]

... do they just choose a province or is it the last province they ever lived in?

Personally I think it should be the last province they lived in or the one they spent most of their lives in, they should pick one on the condition that they were registered as voters there before.

But then again the ANC busses people into areas for voting so what is the real issue...