Constitutional Law
Right to Vote
Section 19 of the Constitution gives every adult South African citizen the right to vote in elections and referenda, and to stand for public office. This right is foundational to democracy.
Legal Definition
Section 19 gives every citizen the right to: vote in elections for legislative bodies established by the Constitution; do so in secret; and stand for public office and, if elected, hold office. The Electoral Commission (IEC) administers elections.
📖 Constitutional / Statutory Basis: Section 19 and Section 190, Constitution of the Republic of South Africa, 1996; Electoral Act 73 of 1998
Practical Example
A government policy prevents prisoners serving sentences from voting. The Constitutional Court struck this down in August and Others v Electoral Commission — all adult citizens have the right to vote.
Frequently Asked Questions
Can prisoners vote in South Africa?
Yes — the Constitutional Court ruled that imprisoned citizens retain the right to vote, except for those convicted of treason or who are serving a sentence of over 12 months without the option of a fine.
Must I register to vote?
Yes. Voter registration is required before each election. You can register at IEC offices, online, or at special registration weekends.
Can South Africans abroad vote?
Yes — citizens abroad can vote at South African embassies, high commissions, and consulates during national and provincial elections.
Related Terms
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