Voters roll clause a black mark for democracy

The Constitutional Court has, since late last year, been seized with an issue less sexy than Nkandla, but at least as critical to the South African democratic process.

On Monday, the Electoral Commission of SA (IEC) appeared once again before the court, where it sought direct access to appeal against the March 2016 Electoral Court ruling stipulating that it has a statutory duty to provide the addresses of registered voters in the municipality before by-elections can take place in Tlokwe.

The consequences of the Constitutional Court ruling will be far-reaching, not only because what happens in Tlokwe must apply to the entire voters roll come the local government elections, but also because a ruling against the IEC could have hefty administrative consequences for the commission, further delaying the election date, and bringing about a constitutional crisis.

I have been troubled by two questions since Monday’s court proceedings: why did the MPs in Parliament’s home affairs portfolio committee pass the section 16(3) amendment to the Electoral Act in 2003? And, does the Constitutional Court not have a duty to address the question of whether applying this law limits the democratic franchise on the basis of economic status and, by historical proxy, race?

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