Deputy Speaker and hon members, this Act gives effect to two Constitutional Court judgments, which are aimed at extending the opportunity to vote to categories of citizens who were previously excluded from casting their ballots. The two judgments are: The Minister of Home Affairs v National Institute for Crime Prevention and the Reintegration of Offenders, Nicro, and Others, a 2004 judgment; and Richter v Minister of Home Affairs and Others in 2009.
This Bill proposes a special voting dispensation for registered voters who will not be in their voting districts on election day. In terms of this Act, voters will be able to apply and cast a special vote prior the election day due to the usual reason of physical infirmity. It also provides for our security and election officials who will have a similar opportunity. Importantly, any voters who will be outside the voting district on election day will be in a position to apply and cast a special vote at their voting station on the special voting day.
In the 2009 case of Richter, the court held that all citizens who are outside of the Republic must be given an opportunity to vote if they notify the Independent Electoral Commission, IEC, of their intention to vote at a mission where they intend to be on voting day. Therefore, this Bill proposes a dispensation that will allow all South African citizens, regardless of where they reside, to vote. As I indicated, this extends and expands the opportunities for voters to participate in the political processes in South Africa.
In the last national and provincial elections, although approximately 20 000 voters notified the IEC of their intention to vote outside the Republic, just over 9 000 actually availed themselves of this opportunity. The daily movement of South Africans in and out of the country for the period 1 September 2012 to 31 August 2013 was around 2,5 million for that entire period. If you were to divide that, you are looking at around 20 000 people on average per day.
It is evident that a substantial number of South Africans do leave the country for a range of reasons and, certainly, this opportunity that is being created in terms of the legislation will enable these citizens, who are going to be away from their voting districts on election day, to vote. Such persons can now either apply to cast a special vote on the special voting day before they leave South Africa, or apply to cast their vote at a South African mission abroad on voting day. In order to give concrete meaning to the political space created by the Bill, the Electoral Commission is establishing an international segment to the voters' roll. This means that South Africans who live abroad do not need to travel home for the purposes of voter registration. It will now be possible to register as a voter at a mission of the Republic.
This Bill provides that such citizens must present an identity document or card as part of the registration requirements but, in addition, they will also have to produce a South African passport. There are 125 missions of the Republic across the world, and these missions employ around 800 officials who will be responsible for implementing the proposals in this Bill.
In 1999, the National Institute for Crime Prevention and the Reintegration of Offenders secured clarity from the Constitutional Court on the political rights of those who are incarcerated in correctional facilities for sentences that do not have the option of a fine. The IEC has since implemented the decision of the court by facilitating the voting processes for all offenders.
The process of amending the Electoral Act presented an opportunity to align the Act with the order of the Constitutional Court in that matter. It is perhaps opportune, at this moment, to remind the families and friends of those who are in our correctional centres to ensure that these persons, Minister Ndebele, have their identity documents in their possession as the IEC will undertake voter registration in prisons on a date which the commission is yet to announce. I am pleased to announce that our department is in dynamic contact with the Department of Correctional Services to ensure that inmates who qualify for citizenship are indeed issued with their identity documents.
In order to secure the credibility of the elections, it is exceedingly important that the voting process be open and transparent. In this respect, where voting or counting occurs in more than one room, each political party participating in the election will be entitled to two party agents for each room or a separate enclosed area. Win or lose, all participating political parties must be comfortable that the voting process was administered in terms of the law and the Constitution. The increase in the number of party agents is yet another opportunity to open the space for political parties to fully participate in the electoral process.
May I also add that the report of Census 2011 indicated that there were 31,4 million South Africans who are 18 years and above and thus eligible to participate in the electoral process by way of registering as voters and voting when elections are called. The national common voters' roll presently has only 23 million voters registered on it.
This House must surely be motivated to ensure that the registration percentage is increased significantly ahead of the next election. It is our collective and historic duty to ensure that the approximately eight million unregistered South Africans are sufficiently motivated to participate in the electoral process.
May I take this opportunity to thank the chairperson and all the commissioners of the IEC and members of staff for their excellent work and their continued dedication to the task of ensuring that our country is and remains an excellent example of a democracy at work. Thank you so much. [Applause.]
House Chairperson, hon Deputy President, hon Ministers, hon Deputy Ministers, comrades and Members of Parliament, once again the two arms of our government, namely the legislature and the executive, are demonstrating the caring nature of our government. Allow me, therefore, to prompt you to recall that section 19(3) (a) of the 1996 Constitution of the Republic of South Africa states that, and I quote: "Every adult citizen has the right to vote in elections for any legislative body established in terms of the Constitution, and to do so in secret."
Through the Electoral Amendment Bill, we are sending a clear message to our people that we shall spare no effort in our endeavour to protect their rights to dignity and equality, as entrenched in sections 10 and 19 of the Constitution.
In the same vein, we take notice of the wise words of the Constitutional Court in the 1999 case of August and Another v the Electoral Commission and Others when it said, and I quote:
The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood.
Quite literally, it says that everybody counts. Our message today is that every South African counts and because of that it is our duty to ensure that as far as it is reasonably practical, all citizens are afforded the opportunity to wear their badges of dignity and personhood.
The Electoral Laws Amendment Act, Act 34 of 2003, which amended the Electoral Act, Act 73 of 1998, had the effect of disenfranchising persons sentenced to imprisonment without the option of a fine by preventing them from registering as voters and also preventing them from voting whilst in correctional centres. However, unsentenced detainees and detainees incarcerated because of their failure to pay fines imposed on them retained their right to register and vote. In the 2003 case of Minister of Home Affairs v National Institute for Crime Prevention and the Rehabilitation of Offenders, Nicro, the Constitutional Court declared the provisions of the amendment Act of 2003 to be inconsistent with the Constitution and therefore invalid. In other words, the court found no justification in denying persons sentenced to imprisonment without the option of a fine the right to register and vote. The decision to extend the franchise to persons sentenced to imprisonment without the option of a fine is given effect by clause 4 of the Bill we are now commending to this august House.
Clause 4 amends section 8 of the principal Act to provide for the substitution of the provision that the chief electoral officer may not register a person as a voter if that person is serving a sentence of imprisonment without the option of a fine. Every citizen does indeed count and his or her perceived or real offending conduct is insufficient as justification to deny his or her badge of dignity and personhood. The right to vote imposes an obligation upon the state not merely to refrain from interfering with the exercise of this right, but to take positive steps to ensure that it can be exercised.
The principal Act is based on the principle that voters must vote in the voting districts in which they are registered. I, however, would like to draw your attention to two exceptions to this general rule. The first is the procedure provided for in section 24(a), whereby a voter who cannot vote in his or her voting district on polling day may, on that day, apply to the presiding officer at a voting station in another district for permission to vote in that district. If the person is seeking to vote outside the province in which he or she is registered, the presiding officer may permit the voter to vote in the national elections only. The second exception permits voters in circumstances where they will not be able to vote at a voting station in the voting district in which they are registered on polling day, to apply for a special vote within the stipulated time, which will permit them to vote before polling day.
In the same vein, section 33 of the principal Act provides that a registered voter who is unable to vote in his or her district the polling day, must be allowed a special vote if the inability to vote is due to temporary absence from the republic for purposes of a holiday, a business trip, attendance at a tertiary institution, an educational visit or participating in an international sports event.
In the 2009 case of Richter v the Minister of Home Affairs, the Constitutional Court found that section 33 excluded other voters, who were absent from the republic on voting day, from participating in the elections. The court said, and I quote: "It cannot be said, however, that requiring a voter to travel thousands of kilometers across the globe to be in their voting district on voting day is exacting reasonable compliance from a voter." The court concluded that the section is inconsistent with the Constitution and as a result ordered that the language of the section should be amended to make clear that special votes should be extend to any registered voter who will be absent from the Republic on polling day and who gives notice within the prescribed time to the chief electoral officer.
It is against this background that I commend clause 6 of the Bill before the House, which substitutes section 33 of the Act, to provide for the commission to allow a person to apply for and cast a special vote prior to the election day, if that person cannot vote at a voting station in the voting district in which he or she is registered as a voter due to, amongst others, being absent from the Republic.
It should be apparent to hon members that the general principle that voters must vote in the voting district in which they are registered remains. It is also clear that the second exception now covers all registered voters who are absent from the country on the voting day. However, those who are absent from the country and those that are absent from their provinces may not cast a provincial vote. Indeed, every citizen counts.
We should bear in mind that the obligation of the government to take steps to ensure that the right to vote is exercised, should not be unreasonably burdensome for the government. I submit to you that since provincial votes would have to be counted in the voting stations where the voters were registered, transporting provincial votes cast abroad to more than 20 000 voting districts throughout the country would constitute a logistical burden on the commission.
I take this opportunity to encourage all South Africans to register to vote and to vote, as provided for by the law. It remains our unshaken conviction that the vote of every citizen is a badge of dignity and personhood and we shall always endeavour to protect the rights to dignity and equality of all South Africans. I thank you. [Applause.]
Chair, the right of every citizen to vote is one of the foremost rights for which the struggle against apartheid was fought. It is a right which we believe is essential to uphold in its entirety.
Section 19 of the Constitution ensures that all citizens have the right to vote in elections for every and any legislative body. Presently, the Bill restricts the rights of some citizens to vote only on the National Assembly ballot. This unfairly limits the ability of citizens to exercise their right. As such, this Bill is unconstitutional and cannot be supported.
Firstly, according to the Bill, South African citizens that are abroad are restricted from voting on the ballot for provincial legislatures. This is an unacceptable restriction on the right accorded to them by the Constitution as citizens of the Republic. During committee deliberations, the DA's argument was not accepted on the grounds that it was impractical, despite the fact that we offered very practical solutions to allow citizens abroad to register and vote on the provincial ballot.
Secondly, the current system and the Electoral Amendment Bill restrict South African citizens who reside in the Republic from fully exercising their right to vote. While the Bill now provides for a special vote for citizens who will be absent from their voting districts on the day of elections, it still restricts citizens from casting their vote outside their province. The DA believes that there should be no restriction whatsoever on the ability of citizens to exercise their right to vote, including voting from outside one's province. The DA thus believes that this is a major restriction on every citizen's Constitutional rights.
In order to ensure that these rights were upheld in legislation, the DA's hon James Selfe introduced a private member's Bill which, amongst others, aimed to ensure that all citizens - abroad and within the Republic - would vote in both the National Assembly and provincial legislature elections, regardless of provincial boundaries. This Bill was rejected by the committee.
Undeterred, the DA attempted to uphold the rights of all South Africans by proposing amendments in the committee to the current Electoral Amendment Bill so as to ensure that all the citizens can fully exercise their right to vote. Again, these amendments were rejected. The DA will now continue to fight in the courts to ensure that South Africa's elections are free, fair and allow all citizens full access to voting.
During the committee process, the commission itself conceded that this restriction on the rights of citizens is a problem, but described the issue as minute. As such, the ANC chose to ignore what everyone confesses is indeed being a problem. The Bill in its current form will not pass the test of constitutional muster.
The IEC and the ANC argue that with the low numbers of people who vote abroad and outside their home provinces, such a problem is immaterial. This is simply not true. More importantly, this belies the very intention on which the Constitution was founded. It undermines the lives lost in the struggle to ensure that the right to vote was never again restricted. The DA will not stand back and allow our democracy to be weakened by this Bill. Therefore, the DA cannot support this Bill.
We urge the House to do the right thing and reject this Bill as unconstitutional and unacceptable in our democracy. Thank you, Chair. [Applause.]
Mr Chairperson, this Bill is not perfect, but it seeks to bring about the changes which our courts have asked us to make through the famous Richter case. It is unfortunate that the DA seems to think that it can hold pistols to the heads of the committee in this Parliament by threatening it with legal action. [Interjections.]
There are huge problems with regard to provincial votes. You would probably want to go and observe what happens to people who vote internationally from other countries in the world. It is essentially voting for the national vote. The problems and the practicalities of giving people provincial votes at this stage are extremely difficult.
Why does the DA does have to come and try to say that it will go to court? The hon Selfe's Bill was brought to this House. He would not even sit here during the debate on the Bill because he was so embarrassed by the hon De Freitas and his caucus's unhappiness with that Bill. Now he comes and holds it out as the law of the Medes and the Persians. [Interjections.]
The politicians are already getting ready for the elections. I do not know what meetings the ANC in this Parliament had yesterday and today. But one can see that they are quite excited because one gets the mood of it. I suspect that they are busy working out their lists about who is going to stay and who is going to leave this Parliament. [Laughter.] That is what politics is about, and you know that is why we pushed this Bill through so quickly.
I must compliment Mrs Maggie Maunye, our chairlady, and also our select committee, because we want this Bill. The commission needs to pass regulations and it has to go through the National Council of Provinces. Politicians know that there are elections in April or May next year. So, we are very keen to get this Bill.
People have already mentioned the important parts of the Bill and why it is here. It is a short Bill; it is a technical Bill. I want to make one plea, and it concerns section 2 where it says if you vote overseas, you must have your passport and your ID document. You know, Mr Chairperson, often when people go overseas, they do not take their ID documents with, but always take their passports with them. The passport has their ID number on it. So, it is very easy in our mission to simply check the website of the IEC; it can be picked up if the person is registered, etc.
I would like to suggest that having an ID is not mandatory, but having a South African passport is mandatory. You know, the Electoral Commission, as we would say in isiZulu ...
... Igugu lethu. [... it is our pride.]
It is our darling; it is our sweetheart. It is our favourite organisation, for us as politicians. I do not think we should do anything to undermine it.
I want to express my concern at hon Hlengwa's statements, which he made earlier this afternoon. I do not think we must do things to undermine the IEC. We also need ... [Applause.] ... to recognise it; in fact, it is recognised in this Bill.
I think all of us have been at hot, excited polling stations. Sometimes, in rural schools, more than one classroom is used and it all gets very exciting and pressured. If you come from KwaZulu-Natal where I come from, my experience is that during elections things can get quite hot. [Interjections.]
Sihlalo, ngicela ukubuza ukuthi umhlonishwa lo okhulumayo uyawazi yini amaganu? [Chairperson, I would like to ask if the hon member on the floor has ever heard of the fruit of the umganu (sclerocarya caffra)tree?] [Laughter.]
Mr Chairperson, I expected to continue. [Laughter.] The point is that in clause 10 of this Bill, the right is created to appoint party political observers at the polling station, not simply in one of the classrooms or tents, or whatever it is. You can appoint more party agents to keep an eye on what is going on. I think that reflects the sensitivity about the areas which can have areas of conflict. On behalf of Cope, I would like to say we will support this legislation. [Applause.]
Hon Chair, Deputy President, the IFP welcomes and supports the Electoral Amendment Bill. [Applause.]
Given the great importance of the upcoming 2014 national elections, the current fluid geopolitical landscape and the entry into the political arena of certain new political parties, it is of the utmost importance that we have the necessary legislation in place to ensure a smooth transit to our fifth political dispensation.
The IFP supports the right of South Africans residing outside the country to vote, given that they are able to produce both an identity document and a valid passport. Registration to vote must, however, be in person, not by proxy, and these voters should only vote nationally as voting on a provincial basis would, at this state, be logistically unfeasible.
We further agree that prisoners serving sentences be taken as registered in whichever areas their remand detention facilities are situated as it would be logistically impossible to attempt to register such prisoners in each of their respective residential areas.
We have also noted other clauses included in these amendments, which seek to effect technical amendments to the Bill.
Ngithanda ukuthi kuyilungelo lawo wonke umuntu ongowokuzalwa eNingizimu Afrika ukuba alisebenzisa ithuba alinikwayo lokuvota ngoba lokho kusho ukuba nezwi kukho konke okwenzekayo eNingizimu Afrika.
Ukuze uhlelo lokhetho luqhubeke kahle kufanele kube khona imthetho ebekwayo ezoqiniseka ukuthi konke kuhamba kahle. Siyakweseka ukuthi laba abazoba nezindlela abazozithatha ngalolu suku bakwazi ukufaka isicelo sokuthi bakwazi ukuvota lapho bebhalise khona ngaphambi kokuthatha uhambo. Lokhu kuzokwenzelwa abakhubazekile, abadala abagulayo, abakhulelwe kanti kuzokwenziwa ngevoti eliyisipesheli elicelwa kwikhomishini.
Okunye, siyakwamukela ukubhekelwa kwalezo zikhungo ezisebenzisa izikole lapho kwenzeka khona ukuthi kusetshenziswe amagumbi okufundela amabili ngenxa yobuningi babavoti esikoleni esisodwa.
Siyakwamukela ukuthi kube khona ama-ejenti amele iqembu [party agents] amabili egumbini lokusebenza ngalinye. (Translation of isiZulu paragraphs follows.)
[I would like to say that it is the right of every South African citizen to vote because, to them, that means having a say in the administration and management of the affairs of South Africa.
There must be regulations in place to ensure that elections are conducted properly. We support the provision that all voters who have to take journeys on the day of the vote must be able to cast their votes where they got registered before going on their journeys. A special vote applied for to the commission will be granted to people with disabilities as well as the elderly, the sick and the pregnant.
Furthermore, we support the special arrangements made for voting stations where schools are used and two classrooms in one school have to be used as a result of a high voter turnout.
We support the requirement that two party agents must represent each party in each room used for voting purposes.]
The IFP supports the Bill. Thank you. [Applause.]
Hon Chairperson, hon Deputy President, colleagues, today is a rather historic day, and I hope that the former member the hon Patrick Chauke, who is out there in North West, is watching the parliamentary channel today because he was the chairperson of the Home Affairs committee when the ANC very strongly opposed the contents of the Bill that is before us today. So, we have been campaigning for this for quite some time and, in the end, we are back here today where Parliament is now going to agree to the proposals in this Bill.
There is a young man called Henri le Riche, working abroad, in London, who started the campaign to allow South Africans abroad to vote. Obviously, many others also supported this cause, but in the end, here we are and are going to amend the Electoral Act to make this possible. I think it is very much possible, and a very good step in the interest of all South African citizens who are abroad and cannot vote.
I am not going into the technical issues of this Bill because they have been stipulated by the other members and the chairperson of the committee.
However, I find it rather strange that the DA is opposing this Bill. The first point is that the members of the DA in that committee did not oppose this when we voted on this Bill in the committee; they did not do that! So, here today, I understand the DA is now going to oppose this Bill. The problem is this ... read the Richter case, the Constitutional Court case!
I want to say to the DA that you know very well that it is not going to happen that people will also have a provincial vote when they are abroad. You know this! But what you are doing is being absolutely, extremely opportunistic! [Interjections.] [Applause.] You want to play for votes to try and create the impression out there for South Africa that the DA is the only party fighting for their rights. But you know that you are not going to succeed. For once in your lives be responsible and tell the electorate out there the truth. [Applause.] And, you know that it is not going to happen.
Last but not least, I want to say to the chairperson of the committee, thank you very much for the way in which you have conducted the business of the committee. I think we have done well for the South Africans abroad in this respect today. I only hope that the DA will come to its senses. Thank you. [Applause.]
Hon Chair, the ACDP commends the IEC, which has run both the general and municipal elections with fairly great competence, resulting in worldwide acclaim and requests for assistance from other countries. The ACDP believes that the IEC will certainly be able to provide similar high standards of national and provincial elections in 2014, notwithstanding the issues highlighted in the Public Protector's report with regard to certain procurements issues within the IEC, which are the subject of deliberations by an ad hoc committee of this House.
The Electoral Amendment Bill seeks largely to improve inclusivity and legitimacy in the electoral process. The ACDP supports the amendments to section 33 that will enable all registered voters who are outside the country to exercise their voting right. A more contentious issue relates to allowing registered citizens abroad the right to vote for provincial legislatures. The Constitutional Court in the Richter v Minister of Home Affairs and Others decision, did not pronounce that registered voters abroad may vote for provincial legislatures. If one, however, accepts the principle that we are allowing citizens living abroad the right to influence the balance of representation in the National Assembly, then surely they should be able to exert the same influence in provincial legislatures, because such voters must be registered first. It would be a relatively simple matter to establish in which provinces they were resident before they left the country. [Interjections.]
The ACDP believes that there is more than sufficient time between now and the 2014 general election for the appropriate arrangements to be made to enable voters outside the country to vote for provincial legislatures. The ACDP appreciates that this issue is now before the Western Cape High Court for decision, but the ACDP believes that it should first have been decided on in the portfolio committee and Parliament, before the court route was chosen.
According to the ACDP, the court challenge brought by the DA appears to be premature, as Parliament has not yet concluded its legislative function with regard to the Bill. It may have been preferable to have had these proposals tabled first and then debated in the portfolio committee and Parliament before launching the High Court application.
The ACDP also appreciates the amendments relating to the prisoners' voting right as a result of the Constitutional Court's decision in the Minister of Home Affairs v National Institute for Crime Prevention and the Re- Integration of Offenders and Others. While we have our reservations about convicted prisoners having the right to vote, the ACDP respects the decision of the Constitutional Court in this regard.
While the ACDP has its reservations on the noninclusion of the provision for ballot for expatriates, we will, however, support the Bill. I thank you. [Applause.]
Chairperson, hon Deputy President, hon Ministers, Deputy Ministers, the Leader of the Official Opposition, this is an important piece of legislation ...
Order, hon members!
This is a piece of legislation that puts before us the responsibility to ensure that all citizens of our country - black and white, young and old, local and abroad - participate in strengthening our hard-fought democracy. This Bill falls short in addressing the crucial issue of the principle of one person, one vote, because South Africans who will find themselves elsewhere outside their voting districts will not enjoy their right to free franchise. This undermines democracy and puts our country on the back foot.
We need the votes to ensure that everybody enjoys one provincial vote and one national vote. What is difficult in ensuring that this happens? [Applause.] We have explored every way possible to ensure that ...
... siyaxoxa ngale nto kwikomiti kwaye i-ANC ibivumelana nathi ekomitini. [Uwele-wele.] Eminye imibutho ayiyi nokuya ekomitini kodwa ilapha ize kuxoxa apha. Abanye bafika emva kwexesha ekomitini, bahlale nje imizuzu emibini baphinde babaleke, kodwa namhlanje baxoxa nathi apha. Sifuna ukuqinisekisa ukuba la majoni siwathumela kula mazwe ayakwazi ukuvotela iphondo kunye nozwelonke.
Kukwafuneka nokuba siqinisekise ukuba aba bantwana nibathumela ukuba bafunde emazweni, kwiindawo ngeendawo nabantu abaya kusebenza bengoosomashishini nabo bayakwazi ukuvotela iphondo nozwelonke. [Uwele- wele.] Abongikazi abajikeleza lonke eli lizwe kuba i-ANC ingakwazi ukuza neemeko zengqesho ezisisiseko nezifanelekileyo nabo kufuneka bakwazi ukuvotela iphondo nozwelonke. [Uwele-wele.] (Translation of isiXhosa paragraph follows.)
[... we debate this issue in committee meetings, and we were on the same page with the ANC. [Interjections.] Some parties do not even attend committee meetings, but they are present today to take part in the debate. Others are coming late for meetings, they come and stay for two minutes and they vanish after that, but today they are debating with us here.
We want to ensure that those soldiers who are deployed to other countries enjoy their right to vote for the provincial and national governments. We must also ensure that those children who are abroad in different parts of the world for their studies, and people who are there for their business purposes could also be able to vote for the provincial and national governments as well. [Interjections.] Nurses who explore the world looking for greener pastures, all because the ANC government cannot provide basic and appropriate work conditions, must also be able to vote for the provincial and national governments. [Interjections.]]
Now, where is the nation-building of the ANC? Where is the patriotism of the ANC? [Interjections.] It is clear that this is another ANC. It is not the same ANC that fought for freedom in this country. We need a different regime in South Africa. [Interjections.] We need a new government, and you will see it next year. [Interjections.] You will see that government in Tlokwe Local Municipality, Madam Minister of Social Development. [Interjections.] That government is already in the Western Cape. That government will be in Gauteng in 2014. [Interjections.] It is clear that the ANC does not want this country to grow; hence, today we say that South Africa deserves better, and we cannot and we will not accept this Bill.
Sithi thina abantu kuqala. Kuqala abantu. Qina mhlali, qina! Qina mhlali, qina! Uza kuthi shuuu, Sunduza! [Uwele-wele.] Into esiyifunayo kukuqinisekisa ukuba wonke umntu okweli lizwe ufumana ilungelo lakhe lokuvota engangcikivwa ngokuba esuke wandwendwela eSomalia, China okanye eNgilane. (Translation of isiXhosa paragraph follows.)
[We say, people first. People must be the first priority. Viva comrade, viva! Viva comrade, viva! Watch out, hon Sunduza! [Interjections.] We want to ensure that everybody in this country has the right to vote without any reproach because he or she visited Somalia, China or England.]
They must enjoy the right to vote, Minister. In conclusion, I need to say that the DA will prove you wrong next year. Thank you. [Time expired.] [Applause.]
Chairperson, I just heard the hon Mnqasela saying the DA will be the new government. Sir, it will be the new government in your dreams. [Applause.] I just want to point out that a small error has been made on the cover of this Bill. "As agreed to by the Portfolio Committee on Home Affairs" in the National Assembly, should read "as amended" by that portfolio committee. The committee section has corrected this error and the corrected version of the Bill has already been distributed.
The Electoral Amendment Bill captures judgements of the Constitutional Court and legislation. In the Richter case, the Constitutional Court decided that South African citizens, who are ordinarily resident outside South Africa, should be allowed to vote. The court did not rule that this right to vote should include provincial vote.
In the National Institute for Crime Prevention and the Reintegration of Offenders, Nicro, case, the court ruled that all prisoners have the right to vote, independent of the nature of their sentences. As could be seen today, all political parties, except the DA, support this Bill. Not long ago, the DA's hon James Selfe - I am glad to see him here today - tabled the private member's Bill that mirrored the DA's position today, arguing that citizens living abroad and those who are absent from their provinces on voting day be allowed to vote in both the national and provincial elections.
After thanking the hon member for his initiative, the Portfolio Committee on Home Affairs, including the DA, rejected this Bill unanimously - a Bill sponsored by the DA's own national chairperson. Maybe today the hon Selfe can tell us why he was absent from this House when the committee's report in this regard was considered. When the committee approved the Bill before this House two days ago, as hon Mulder has pointed out, the DA did not object to any clause contained in the Bill.
It does appear to me that the DA is in disarray, at least its Home Affairs component. Whilst its voting pattern in the committee is confusing when compared to its position or those of some of them, at least, they simultaneously lodged a court challenge against the Bill of Parliament at a time when we have not even considered public submissions.
In lodging this application so prematurely, the DA did not only undermine Parliament and its processes, but also one of the cornerstones of our democracy: the separation of powers. Effectively, they are asking the court to ignore Parliament and its constitutional mandate by making a law on behalf of Parliament. That is untenable and unacceptable.
Parliament reflects the democratic will of the people. Its constitutional mandate, and manifestly not that of the courts, is to make the laws of the land. To appeal to the courts to usurp this role of Parliament is inherently unconstitutional and undemocratic. Maybe a true democrat such as the hon Dene Smuts, whom I am seeing here today, can explain to us whether she is prepared to justify this conduct from some of her party members. Section 19 of the Constitution affords the right to vote and the right to free and fair elections to every South African citizen. The hon De Freitas seems to ignore the second very important right included in section 19 of the Constitution, the right to free and fair elections. Both of these rights are sacred rights; so much more given our troubled history, when the majority of South Africans were denied this basic right to vote. We have the duty to advance, protect and defend both these rights.
Every citizen's right to vote goes hand in glove with every citizen's right to free and fair elections. The Constitutional Court found that the right to vote is indispensable and empty without the right to free and fair elections. Hon De Freitas, to overemphasise the right to vote, and underemphasise the credibility, integrity, freeness and fairness of our overall electoral process would be wrong and unconstitutional.
Why are we denying a provincial vote for citizens, ordinarily residents, who are abroad and those who are outside of their provinces on voting day? Central to our electoral scheme, for the purposes of municipal and provincial elections, is ordinary residence. One registers in the voting district where one is ordinarily resident. This determines the municipal ward elections that you may participate in and the provincial election that you may participate in.
Put differently, the voting district connects a voter to a ward, municipality, province and country. In the elections, you participate by voting at the voting station in the voting district where you are registered. It is also here in the voting district where the votes are counted. Provincial ballot papers are counted in the province where the votes have been cast, in line with the principle that voters in the province must elect their provincial representatives and not those voting in a different province.
Central to voting outside one's province, whether in another province or abroad, is the principle of citizenship. You are allowed to cast a vote in elections for the NA on the basis of your South African citizenship.
In the case of citizens ordinarily resident abroad, there is no direct nexus or connection with the specific province. To suggest that the last address in South Africa, for a citizen living abroad, constitutes a nexus between that citizen and a particular province, as the DA has suggested in the portfolio committee, is somewhat far - fetched. Without the proper connection or nexus between a citizen living abroad and a province, there is no basis to allow such a person to vote in the provincial elections.
In addition, hon De Freitas and hon Mnqasela, it would constitute a logistical nightmare having to transport provincial ballot papers from abroad or elsewhere in Africa, to the provinces where they would be counted. For this purpose, the IEC would have to rely on external institutions such as courier and postal services, putting the transportation of ballot papers beyond its control. This is a very important point: beyond their control. This may place the integrity of the voter's roll, the creditability, legitimacy, freeness and fairness of our elections in jeopardy. Is that what you want? Some of you seem to want that.
In an endeavour to further the citizen's right to vote in provincial elections, even though they are outside the province on the election day, we have included in the Bill the right to exercise a special vote - in the voting district - before leaving their provinces, or for those abroad. This will happen on a special voting day. We have indeed walked the extra mile on this matter.
The DA - or some of them, because I am not sure what the positions for all of them are these days - seem to want us to run the real risks that have been outlined, those that may undermine citizens' constitutional right to free and fair elections, which may in turn leave their right to vote empty, as highlighted by the Constitutional Court.
We have more than 22 000 voting stations in South Africa. In 2009, more than 1,5 million citizens cast national votes in provinces other than those of their ordinary residence. If we were now to allow them - most likely more than 1,5 million of them. this time around - to also cast provincial votes and have these ballot papers transported back to their provinces to be counted, the IEC would loose control over potentially millions of ballot papers when they are transported.
As the ANC and other political parties here today, do we want to put our elections at risk, like the DA? Certainly not! Do we want to jeopardise our excellent record of free and fair elections that the DA seem to be totally carefree about? No! [Laughter.]
The hon De Freitas pretended to have easy solutions with regard to these matters. He indicated earlier that he offered some practical and easy solutions. He told the committee that his solutions were old news in other countries. However, he did not tell us that in Australia one is not allowed to vote in state elections if one is outside Australia on voting day, or if you are a citizen living abroad, for precisely the same reasons we are advancing. Hon Leader of the Opposition, he did not tell us about Angola, Belgium, Botswana, Germany, India, United Kingdom, Canada and many other countries with similar arrangements, where only national votes are allowed.
Hon Leader of the Opposition, I can provide you with a list. He offered no solution pertaining to the risky transportation of ballot papers from other provinces in order for them to be counted in a person's home province. He offered no solution because he has none. He placed what he perceived to be the DA's interest before that of South Africa.
The ANC is determined to advance citizens' right to vote within the framework of what is reasonable and justifiable in an open and democratic society. However, we will also protect and advance the right of every citizen to free and fair elections, protecting the legitimacy of the electoral process and the integrity of its cornerstone, the voters' roll. As the South African government, that is our patriotic duty and responsibility. Thank you very much. [Applause.]
Hon Chairperson, I see there is no time for me on the clock.
You have two minutes.
Thank you very much. I just have a few brief responses. Firstly, I just want to explain to the hon McIntosh that the voters' roll will have two segments. The first would be for South Africans who reside in South Africa, and the second segment would be for those South African citizens who ordinarily do not reside in South Africa.
It is the citizens who live abroad who will be able to register for the elections at the missions of the South African Republic abroad. It is only this category that would be required to have an identity document and a passport to register. It is not the situation, as the hon member has alluded to, where people travel abroad but are ordinarily resident in the Republic.
Just to repeat the point that the hon Gaum and others have made, we have approximately 22 000 polling stations in and around the country, with about 23 million voters. Clearly, if one allows every voter who is outside their province to vote on the provincial ballot, the logistics of this exercise would be an absolute nightmare. The prospect of mistakes with regard to ballots getting lost in the post would be huge. Why on earth would we take something which is not broken and try to break it? [Interjections.]
For your information, hon member, we are in the business of running legitimate elections. If you allowed citizens who live abroad and have not lived here for many years to vote and to choose a provincial legislature that they wish to vote in, this could create huge opportunities for political parties to fix the outcomes of provincial elections. Let us be honest about it. [Applause.]
It is an open secret that the DA intends asking all of its supporters who reside overseas to vote on the Gauteng ballot. Plainly speaking, this is called vote rigging! Not in this country! [Time expired.] [Applause.]
Debate concluded.
Question put: That the Bill be read a second time.
Bill read a second time. (Democratic Alliance dissenting.)