Prisoners go to ConCourt

2004-02-24 19:50

Johannesburg - The Constitutional Court will hear an urgent application on Wednesday for a case challenging various sections of the Electoral Act to be heard before the court.

The South African Institute for Crime Prevention and Re-Integration of Offenders (Nicro) and two prisoners from Pollsmoor Prison will apply for direct access to the Constitutional Court.

They want an order declaring various sections of the Electoral Act unconstitutional and invalid.

The applicants will also ask for an order directing the Independent Electoral Commission and the minister of correctional services to ensure all qualifying prisoners get a reasonable opportunity to register as voters and vote in the April elections.

The applicants will be challenging an amendment to the Electoral Act promulgated in December which effectively disenfranchised people serving prison sentences without the option of a fine.

The applicants claim this violates a citizen's right to vote and the right to equality enshrined in the constitution.

They also argue that the amendment offers an arbitrary way to decide who can and cannot vote.

Prisoners released from prison before the election date would not be able to vote, while a court might not have imposed a fine because the person would be unable to pay.

This means the effect of the act could differ for two people convicted for an identical crime.

The respondents will argue that it is not a fair way to spend public funds to make special arrangements for prisoners, who as part of their punishment were deprived of their freedom, unless they made similar provisions for other categories of people unable to vote for various reasons.

They would also argue it would also not be suitable in light of the government's strategy to combat crime, to make special arrangements for prisoners.

- SAPA