11.3

• National Legislature


  Section 44 of the Constitution
• Provincial legislature


  Section 104 of the Constitution
• Structures of Parliament


  • National Assembly
  • National Council of Provinces (NCoP)
• Parliamentary Franchise


  Right to vote
• Origin of parliamentary franchise

  Principle of Representation
• Right to franchise


  • Direct choice
  • Elections to elect people to represent
• Who has the right to vote

  Every adult citizen in SA, subject to Section 36
• The right to vote is guaranteed in the Constitution (Sections 19(3) and 46(1))
• Political rights protected in the Constitution


  • Every citizen is free to make political choices
  • Every citizen has the right to free, fair and regular elections
  • Every adult citizen has the right to vote in secret and to stand for public office if elected
• Elements of the right to franchise

  • General/Universal
  • Equal
  • Direct
  • Secret
• The right to franchise can be limited in terms of the Constitution
• Limitations on the right to vote must be consistent with Section 36 (limitation clause)</b>
• Voting qualifications can be added by national legislation (Electoral Act)
• Disqualification may not deprive anyone of the right to vote in terms of Section 19
• Prisoners can vote unless disqualified in terms of Section 36
• Constitution of the Republic of South Africa, 1996

  27 April 1994
• Elections


  1999
• Electoral Act 1998


  Law of general application
• Requirement for citizens to have a bar coded ID before exercising the right to franchise is constitutional (NNP case)
• Elections


  2019
• Elections


  2024
• New National Party of SA v Government of SA (NNP case)

  Bar-coded ID requirement for 1999 elections was constitutional
• Richter v Minister for Home Affairs and Others


  Sections 33(1)(b) and 33(1)(e) of the Electoral Act constitute a restriction on political rights under Section 19
• The Electoral Act was amended after the Richter case in 2009, before the 2014 elections
• Electoral Amendment Act


  Person with ID who is ordinarily resident outside the Republic must produce proof of residence and be on the voters' roll
• Independent candidates can stand for public office if elected to hold office