The Committee noted that the issue of prisoners' rights to vote was before the Constitutional Court in August and Another v Electoral Commission and Others 1999 (3) SA 1 (CC), and Minister of Home Affairs v NICRO and Others 2004 (5) BCLR 445 (CC). In the latter case it was noted that given the history of disenfranchisement in South African, the right to vote occupies a special place in our democracy and that any limitation of this right must be supported by clear and convincing reasons. The court indicated that if the Government sought to disfranchise a group of its citizens, it must place sufficient information before the court demonstrating what purpose the disenfranchisement is intended to serve.