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South Africans voting from abroad: Who can, who can’t and why not

Many South Africans living abroad (or those with friends and family living overseas) are wanting to know if they will be able to vote in next year’s general election. The short answer is yes. And No.

You CAN apply for a special vote if you are abroad for one of the following reasons:

holiday/business trip, tertiary institution/educational visit or international sporting event. To download this form and apply for your special vote click here.

HOWEVER, as pointed out in a discussion on the Facebook group ‘The Voting Drive’ the special vote does not apply to South Africans who are working abroad, e.g. if you are on a 2 year UK working visa and will be abroad next year during the elections you CANNOT vote.

This is somewhat at odds with section 19 of the constitution that guarantees every adult citizen the right to vote:

19 Political rights
(1) Every citizen is free to make political choices, which includes the right-
(a) to form a political party;
(b) to participate in the activities of, or recruit members for, a political party;
and
(c) to campaign for a political party or cause.
(2) Every citizen has the right to free, fair and regular elections for any legislative
body established in terms of the Constitution.
(3) Every adult citizen has the right-
(a) to vote in elections for any legislative body established in terms of the
Constitution, and to do so in secret;
and
(b) to stand for public office and, if elected, to hold office.

Pierre de Vos, Professor of Constitutional Law at the University of the Western Cape, on his blog Constitutionally Speaking, thinks that South Africans who are temporarily living and working abroad (i.e. those who will not be in South Africa during the 2009 elections for reasons other than those included in the IEC special vote application) have a very good case to argue before the constitutional court as their right to vote is effectively being denied. I recommend reading the entire post (Why can’t South Africans abroad vote?) as it gives a good legal overview of the issues, in plain English.

If you would like to sign a petition to show your dissatisfaction with the current state of affairs, click here.

Click here to read a news article about the Electoral Laws Amendment Bill that was passed in 2003 (a couple of months before the last general elections in 2004), it is the reason why South Africans who are temporarily living and working abroad cannot vote if they are out of the country during an election. The Independent Democrats (ID) also released a press statement criticising the Amendment Bill, read it here.

As far as the constitution is concerned, it is almost blatantly clear that the right to vote has been terminated for some South Africans. What is needed now is a concerted citizens movement that will challenge the status quo and fight for rights guaranteed in the constitution. Please spread the word about this, democracy is worth fighting for.

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This post was written by:

Lauren Rosenberg - who has written 97 posts on History Matters.

Lauren Rosenberg is a postgraduate student at the University of Cape Town. Her interests, passions and qualifications lie in radio production, community development, South African current affairs, Open education and business models and gift culture.

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5 Comments For This Post

  1. Mr A Says:

    I am completely in agreement with you that South African Expats should be allowed to vote. I am in consultation with legal advisors and we might appoint a Senior Council soon to write a legal opinion on this matter. On the strength of this opinion we could then take the government to court to force them to do so. I have started a new political party the A-Party to take part in next year’s elections. Check out my website at http://www.aparty.org.za and post this on your Facebook too. Also ask your friends to join me at Mr A for President on FB.

  2. Thomas Alberts Says:

    Does anyone know whether voters abroad need to have their SA barcoded ID’s with them to vote at the local High Commission (after jumping through all the IEC hoops as explained in the the post above)? It seems silly that passports wouldn’t be accepted as proof if identity, but you never know. It’s the barcoded part that makes me think there could be a problem. Anyone know about this?

  3. Thomas Alberts Says:

    There’s also a helpful Facebook group with useful info at http://www.facebook.com/home.php?#/group.php?gid=43635389618

  4. Ingrid Sinclair Says:

    So how do we get a mass movement going? What will it take and where do we start?

  5. Lauren Rosenberg Says:

    @Ingrid: If you’re in London/have friends and family there get them to participate in a protest march happening on the 6th December at Temple Underground Station (Circle & District lines) at 12 noon. It’s organised by the South African Youth Forum Abroad (SAYFA). Here is a link to the event:

    http://www.facebook.com/event.php?eid=40351902465#/event.php?eid=40351902465

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