South Africa: Constitutional provisions (continued)

The Right to vote

In order to ensure universal adult suffrage and regular elections, the Bill of Rights in s 19(1), dealing with political rights, provides:

Every citizen is free to make political choices, which includes the right:

  • To form a political party;
  • to participate in the activities of, or recruit members for, a political party; and
  • to campaign for a political party or cause.

Section 19(3) provides that every adult citizen has the right:

  • To vote in elections for any legislative body... and to do so in secret; and
  • to stand for public office and, if elected to hold office.

In order to ensure universal adult suffrage guaranteed by the Constitution, and the enjoyment of the full spectrum of political life essential to democracy, the Preamble and the Founding Provisions must be read together with other constitutionally entrenched rights. These rights include:

  • Freedom of conscience and opinion (s 15).
  • Freedom of expression (s 16).
  • Freedom of assembly (s 17).
  • Freedom of association (18).
  • Freedom of movement (s 21).

Composition and election of the National Assembly

Section 46(1) of the Constitution provides that the National Assembly consist of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that:

  • Is prescribed by national legislation;
  • is based on the national common voters roll;
  • provides for the minimum voting age of 18 years; and
  • results, in general, in proportional representation.

An Act of Parliament must provide a formula for determining the number of members of the National Assembly.

Section 47(3) of the Constitution provides that a person loses membership of the National Assembly if that person:

  • Ceases to be eligible; or
  • absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership.

Composition and election of provincial legislatures

Section 105(1) of the Constitution provides that a provincial legislature consist of women and men elected as members in terms of an electoral system that:

  • Is prescribed by national legislation;
  • is based on that province's segment of the national common voters' roll;
  • provides a minimum voting age of 18 years; and
  • results, in general, in proportional representation.

Section 105(2) provides that a provincial legislature consist of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of the formula prescribed by national legislation.

page 1  ·  2

Reference

CONSTITUTION OF THE REPUBLIC OF SA 1996, [www] http://www.info.gov.za/documents/constitution/1996/index.htm [opens new window, incorporates all amendments until 13th Ammendment (2007)] Act No. 108 of 1996; 14-16 Amendments available at http://www.info.gov.za/view/DynamicAction?pageid=612 [opens new window] (accessed 9 Mar 2010); approved by Constitutional Court December 4, 1996; took effect February 4, 1997; amended 1996, 1997, 1998, 1999, 2001, 2002, 2003 (accessed 26 Feb 2010).