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Madam Speaker:

Subsequent to the passing of the Electoral Laws Amendment Act, 2003 (Act No. 34 of 2003) by Parliament, representations were made to the President and the Deputy President. Reportedly, a key promoter of such representation was our colleague Dr. C. Mulder. MP who reportedly made them on behalf of South African citizens living abroad arguing that the Electoral Laws Amendment Act as it stands infringes upon their constitutional right to vote.

When I spoke to this House during my Department's budget debate, I had committed myself to make provision to enable South Africans abroad to vote. Accordingly, in the Electoral Law Amendment Bill which I brought to Cabinet provision was made for all South Africans abroad to vote, irrespective of their reasons to be abroad. However, Cabinet chose not to adopt my proposal. During its parliamentary process the Electoral Law Amendment Bill was amended by the Portfolio Committee to make provisions similar to the one now contained in the Electoral Law Second Amendment Bill which is before us. However, such provisions were then dropped.

After considering representations submitted to him, the President instructed that urgent amendments be prepared to provide for the casting of votes by South African citizens who are registered on the voters' roll and are temporarily absent from the Republic during the election, elsewhere than the voting district where they reside.

I am pleased that what I had originally proposed as the responsible line function Minister has now been partially accepted and is before us for approval. I have made many other proposals within my line functions responsibilities and as the leader of a minority Party in Cabinet, which proposals have not been embraced, ranging from civic affairs matters to HIV/AIDS, crime and unemployment. Because he seems to carry more credence than I do, I should have perhaps considered to ask Dr. Mulder to champion them.

I do not believe that the Electoral Law Amendment Act is as it stands, unconstitutional, for the right to vote of citizens abroad may be limited, as it is limited in many established democracies. However, I felt that as a matter of policy it was essential to allow all South Africans an opportunity to participate in the electoral process. However, what in my opinion was not constitutionally problematic, may become so as the Bill before us now only allows certain citizens who are abroad for certain temporary purposes to vote, while depriving others who are in a similar situation of the same opportunity.

For instance, a citizen who is abroad working on a temporary basis as an employee will not be able to take advantage of this opportunity. The same will apply to all South Africans who live abroad for an extended period of time. It may be problematic to justify for such differentiation of treatment. It may also be problematic to administer this Bill as it may become difficult to judge whether somebody is indeed abroad on a temporary basis and to give meaning to the expression "temporary" under the various real life circumstances. As I have always spoken with candour to my colleagues, I felt I had to share these concerns.

Objections were also raised against the use of the phrase: "assistance to handicapped voter" in the long title of the Act. Therefore, the amendments substitute the phrase: "assistance to handicapped voters" in the long title of the Act for "assistance to voters with disabilities".

I hope that these amendments may be in the best interest of our fledgling democracy and may avert threats of legal action which could have the effect of disrupting our preparations for next year's elections. I urge that this House accepts the Electoral Laws Second Amendment Bill.

I thank you.

Released by The Ministry Of Home Affairs
Enquiries: (012) 314 8613
25/11/2003

Source: Department of Home Affairs (http://home-affairs.pwv.gov.za)