Inmate voting plea to ConCourt

2004-02-25 15:22

Johannesburg - Prisoners should not be placed in a more favourable position than others who cannot vote, the Constitutional Court heard on Wednesday.

The government would be sending the wrong message if it made special arrangements for prisoners, Advocate Vasi Soni, arguing on behalf of the minister of home affairs, told the court.

The court was hearing an urgent application from certain prisoners who are excluded from voting to have their case heard before the court.

The application was brought by the SA Institute for Crime Prevention and the Reintegration of Offenders (Nicro) and two prisoners serving sentences without an option of a fine.

Under the Electoral Laws Amendment Act, only prisoners awaiting trial and prisoners given the option of paying a fine will be allowed to vote in the election on April 14.

The respondent is the minister of home affairs.

The applicants said there was no logistical or practical reason why prisoners could not vote.

They conceded that as a matter of principle the legislature was entitled to limit the right to vote if there was a demonstrable justification for the limit, but in this case argued that there was no legitimate justification.

Right to equality

Advocate Vincent Maleka, on behalf of the applicants, said the amendment to the Electoral Act promulgated in December 2003 violated two constitutional rights of prisoners: the right to vote and the right to equality.

Maleka said the minister was concerned with public perception and not the concerns of prisoners.

He said a clear government purpose was needed to limit prisoners' right to vote.

"In this case there is not a clear, demonstrable, legitimate government purpose," Maleka said.

Maleka said the Independent Electoral Commission has the facilities to allow prisoners to vote. Hence there would be no logistical or practical reason for excluding certain categories of prisoners from voting.

Soni said the purpose of the amendment to the Electoral Act was to relieve the Electoral Commission of having to make special arrangements.

The argument is being heard by a full bench headed by Chief Justice Arthur Chaskalson.

Chaskalson said the issue of prisoners' right to vote seems to have split courts around the world.

The hearing continues.

- SAPA