General Right to Vote
Constitution:
(1996)
Section 19, subsection (3) states: "Every adult citizen has the
right (a) to vote in elections for any legislative body established in terms
of the Constitution, and to do so in secret; and (b) to stand for public office
and, if elected, to hold office."
Electoral Law:
(14 October 1998)
Section 6, subsection (1) states: "Any South African citizen in
possession of an identity document may apply for registration as a voter."
Specific Inclusion of
People with Disabilities
Constitution:
(1996)
Section 9, subsection (3) states: "The state may not unfairly discriminate
directly or indirectly against anyone on one or more grounds, including
disability
"
Exclusion Based on Mental
Disability
Constitution:
(1996)
Section 47, subsection (1) states: "Every citizen who is qualified
to vote for the National Assembly is eligible to be a member of the Assembly,
except
(d) anyone declared to be of unsound mind by a court of the Republic
"
Voter Assistance by Other
Citizens
Electoral Law:
(14 October 1998)
Section 39, subsection (2) states: "A person may assist a voter
in voting if (a) the voter requires assistance due to a physical disability;
(b) the voter has requested to be assisted by that person; and (c) the presiding
officer is satisfied that that person has attained the age of 18 years.
Section 39, subsection (3) continues: "The secrecy of voting contemplated
in section 38 must be preserved in the application of this section."
Poll Worker Manuals:
Elections '99 Party Agents: Produced by the Independent Election Commission
(1999)
"Voters must enter the voting booth alone, unless they are illiterate,
or disabled and require assistance. Then they can ask for help from a friend
or the Presiding Officer" p 17
Off-Site Voting Alternatives
Electoral Law
(14 April 1999: Election Regulations)
Section 5, subsection (1) states, "In this chapter the procedure
for applying for special votes and the procedures for the casting and counting
of special votes are prescribed as required by section 33(2) of the [Electoral]
Act, read with subregulation (2), in respect of persons who cannot vote at a
voting station in the voting district in which they are registered due to their
(a) physical infirmity or disability, or pregnancy
"
Section 6, subsection (1) states, "A person referred to in regulation
5(1)(a) who wants to vote in the voting district in which he or she is registered,
may apply for a special vote
"
Section 6, subsection (3) states, "The presiding officer, or a voting
officer designated by him or her, must consider every application received and
if he or she is satisfied that (a) the applicant is registered as a voter in
that voting district; and (b) cannot vote at that voting station due to physical
infirmity or disability, or pregnancy, approve the application and if not, reject
the application."
Section 6, subsection (5) states, "if the application is approved,
the applicant must be visited by at least two voting officers at an address
wthin the voting district, specified in the application, on the date or dates
stated in the election timetable and (a) on production of the applicant's identity
document; and (b) if the voting officers are satisfied that the applicant is
the person described in that identity document
he or she is handed a ballot
paper, marked on the back for that election.
Section 6, subsection (6) states, "The applicant is allowed to mark
the ballot paper in secret and to place and seal it in an unmarked envelope
which is in turn placed and sealed in another envelope which is marked on the
outside with the applicant's name and identity number."
Poll Worker Manuals:
Voter Registration Course Presenter's Guide: Produced by the Independent Electoral
Commission (1998)
Of the three possible venues for registration, one of the options is
door-to-door registration for the physically disabled (1998, Slide No. 10)
Handbook for Presiding Officers and Voting Officers: Produced by the Independent
Election Commission
Special voting stations are open the day before the general elections
and are locating in hospitals, old age homes, prisons, or other places
Handbook for Presiding Officer's Manual for Mobile Voting Stations for Special
Voters (1999)
Entire Handbook devoted to organization of a mobile polling station for
Special Voters.
Promotes Access
Poll Worker Manuals:
Elections '99 Presiding Officers and Deputy Presiding Officers: Electoral Staff
Recruitment and Training: Produced by the Independent Election Commission (1999)
Assistant Presiding Officer is responsible for voters who are disabled
p 14
Functions of Deputy Presiding Officer include determining types of assistance
to be rendered to illiterate, blind and voters with disabilities p 40