The matter on the Adjournment relates to a High Court decision of last year. A prisoner brought a case and it was found that, under the Constitution, prisoners are entitled to the right to vote.
Since then it appears that no action has been taken on the matter by the Department of Justice, Equality and Law Reform. It may well be that some action has been taken, but nothing has entered the public domain. An important right has been established and the Department has always put it forward that the purpose of imprisonment was the denial of only one right, the right to liberty. All other rights of citizenship apply to the individual apart from that. The decision of the court supports that and clearly suggests that the right to vote, which is a fundamental right of all citizens, is now to be upheld where previously it was excluded. The right to vote is therefore established.
The Government has indicated there may be an appeal and I would be very disappointed if it decided to proceed in that manner. There is an onus on it to act and provide a franchise to those who have been excluded.
After his election as President of South Africa, one of Nelson Mandela's first acts was to extend the right to vote to all prisoners. It is desirable to establish this right here because it would mean that if prisoners had the vote politicians would take an interest in conditions of detention and visit prisons. Access to them is limited to senior members of the Judiciary and a few others, including the Archbishop and others who generally do not visit. It would also mean politicians at local or national level would have to explain what they intend to do to secure prisoners' votes. What proposals are being made to implement this right to vote that has been established by law? When will they be introduced? There could be an election at any time.
