Legislative Proposal

1. Legislative Proposal to Allow South African Citizens Living Abroad to Register as Voters and to Extend Accessibility to Voting by South African Citizens Living Abroad ANNETTE LOVEMORE MP 16.11.11

2. The Constitution of RSA 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 (b) to stand for public office and, if elected, to hold office.

3. Principles The proposed legislation is motivated and justified by the four core values of an electoral system, as accepted by the Electoral Task Team in 2003. fairness inclusiveness simplicity accountability

4. Richter v Minister for Home Affairs and Others, (CCT 09/09) [2009] ZACC 3 The Constitutional Court ordered, inter alia, that “special votes should be accorded to any registered voter who will be absent from the Republic on polling day and who gives notice in the prescribed time to the Chief Electoral Officer”.

5. Richter v Minister for Home Affairs and Others, (CCT 09/09) [2009] ZACC 3 “I am influenced by the fact that, as several of the parties noted, we now live in a global economy which provides opportunities to South African citizens and citizens from other countries to study and work in countries other than their own. The experience that they gain will enrich our society when they return, and will no doubt enrich, too, a sense of a shared global citizenship. The evidence before us, too, shows that many South African citizens abroad make remittances to family members in South Africa while they are abroad, or save money to buy a house. To the extent that citizens engaged in such pursuits want to take the trouble to participate in elections while abroad, it is an expression both of their continued commitment to our country and their civic-mindedness from which our democracy will benefit.” - Justice O’Regan

6. Richter v Minister for Home Affairs and Others, (CCT 09/09) [2009] ZACC 3 The order pertained only to voting in the NATIONAL election; voting in the PROVINCIAL election was not included due to the apparent burden of the logistical requirements on the Electoral Commission and the short time available to realise these requirements prior to the 2009 elections.

7. The A Party and Another v Minister for Home Affairs and Others, (CCT 06/09) [2009] ZACC 4 “...the Commission draws our attention to the following: (a) The number of people in respect of whom the relief is sought is unknown. It is estimated there may be as many as two million in over 100 countries. (b) Neither the Department of Home Affairs nor the South African Revenue Service keep accurate records of South Africans living abroad. (c) It would be “extremely difficult” for it to register South Africans living abroad on short notice.” - Justice Ngcobo

8. The A Party and Another v Minister for Home Affairs and Others, (CCT 06/09) [2009] ZACC 4 “No party disputed that Parliament had a range of choices open to it in designing that [electoral] scheme and that it was not for the courts to prescribe to Parliament which scheme should be chosen.” (with reference to voter registration abroad) - Justice Ngcobo

9. The A Party and Another v Minister for Home Affairs and Others, (CCT 06/09) [2009] ZACC 4 “No party disputed that Parliament had a range of choices open to it in designing that [electoral] scheme and that it was not for the courts to prescribe to Parliament which scheme should be chosen.” (with reference to voter registration abroad) - Justice Ngcobo

10. 2009 Statistics – SA Voters Abroad 16 300 applications for special votes for South Africans aboard were approved 7 460 persons cast votes in London 1 228 persons cast votes in Canberra 889 persons cast votes in Dubai All the other voting points overseas had fewer voters than in Dubai.Thousands of South Africans living in cities such as Perth, Sydney and Auckland were not be able to vote because of the long distances to the capital cities where embassies and consulates were situated.

11. SA Embassies, Consulates, High Commissions 198 countries with SA foreign representation, or served from neighbouring countries 105 countries with SA embassies, high commissions or consulates 93 countries with no voting facility for SA nationals Large countries, such as Australia, have ONE foreign mission.

12. New National Party (CC) “Parliament is obliged to provide for the machinery, mechanism or process that is reasonably capable of achieving the goal of ensuring that all persons who want to vote, and who take reasonable steps in pursuit of that right, are able to do so. I conclude, therefore, that the Act would infringe the right to vote if it is shown that, as at the date of the adoption of the measure, its probable consequence would be that those who want to vote would not have been able to do so, even though they acted reasonably in pursuit of the right.”

13. Creating Electoral Inclusivity Abroad Allow for registration of voters living abroad

14. Creating Electoral Inclusivity Abroad Allow for voting to take place at venues other than embassies, consulates and high commissions, and/or via methods other than voting in person

15. Creating Electoral Inclusivity Abroad 114 countries allow voting abroad. Five methods predominate : Personal votes Postal votes Proxy votes Remote electronic votes Voting by fax The method used would have to be carefully researched to extend inclusivity without compromising our electoral system.

16. Creating Electoral Inclusivity Abroad Allow for voting in national and provincial elections

17. Creating Electoral Inclusivity Abroad Allow for voting in national and provincial elections

18. Creating Electoral Inclusivity Abroad Financial implications are a feature of the proposal. These can be minimised by utilising the DIRCO and Home Affairs staff stationed abroad to facilitate the process.

19. Creating Electoral Inclusivity Abroad URGENCY IS REQUIRED TO ALLOW FAIRNESS AND INCLUSIVENESS IN THE 2014 ELECTION

20. Creating Electoral Inclusivity Abroad “I am influenced by the fact that, as several of the parties noted, we now live in a global economy which provides opportunities to South African citizens and citizens from other countries to study and work in countries other than their own. The experience that they gain will enrich our society when they return, and will no doubt enrich, too, a sense of a shared global citizenship. The evidence before us, too, shows that many South African citizens abroad make remittances to family members in South Africa while they are abroad, or save money to buy a house. To the extent that citizens engaged in such pursuits want to take the trouble to participate in elections while abroad, it is an expression both of their continued commitment to our country and their civic-mindedness from which our democracy will benefit.” - Justice O’Regan