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.]