Constitutional Law Flashcards

Flashcards for reviewing key vocabulary and concepts from the Constitutional Law lecture notes focusing on parliamentary franchise and elections.

Parliament

The body in which the national legislative authority is vested.

Section 2 Provincial Legislature NCoP

The section in the National Constitution of the Republic of South Africa that vests the Province legislative authority in a Provincial Legislature.

Right to Franchise

The right of a citizen of a state to make a choice in electing the people that will function in the National Assembly.

Elections

Well-established process where citizens elect people to represent them in the government of the state.

Section 36

The section of the Bill of Rights that contains some rights that are limited.

Section 19 Bill of Rights

Every adult citizen in South Africa has the right to vote and the right is limited to those who are 18 years and older as determined by…

Political Party

Every citizen is free to form one and participate in its activities.

The Bill of Rights

Guarantees every citizen the right to free, fair, and regular elections for any legislative body established in terms of the Constitution.

General/universal

All citizens have this element of the right to franchise.

Equal

All votes posses this element of the right to franchise.

Direct

Every vote has this element of the right to franchise on the result.

Secret

The outcome of elections have this element of the right to franchise results, ensuring voluntary participation free from intimidation.

Section 4

This disqualifies non-citizens from voting, ensuring only citizens can vote.

Section 36 (limitation clause) of the Constitution

If the right to vote is limited, the limitation must be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, which are required by…

Parliament

This may not derogate from the voting rights guaranteed by the Bill of Rights (sec 19) unless it complies with the requirements of the general limitation clause sec 36.

Voting

These rights may be limited and the amendment to the act, must be consistent with min of home affairs v NICRO & August- case.

Bar coded ID

This requirement, requiring voter registration before exercising the right to vote, was specifically required for the first election (Electoral Act).

Legally challenged

According to the NNP, this was the requirement that disenfranchised millions of people – voters who did not apply for new ID’s timeously, because the Dep. of Home Affairs would be unable to process all the new applications.

Administrative Requirement

Voters had sufficient time to apply for new Barcoded ID and this complies with section 36 (limitation was reasonable and justifiable in open & democratic society. . . ).

Section 33 of the Electoral Act of 1998

Requires the commission to allow a person to apply for a special vote if that person cannot vote at a voting station in the voting district in which the person is registered

Richter v Minister for Home Affairs and Others

This case held that section 33(1)(e) of the Electoral Act of 1998 (and the related provisions of the Regulations) constitutes an infringement of section 19 right of the Constitution.

Electoral Amendment Act of 2013

This act changed the position of citizens living abroad.

Proof of Address

A person with ID may apply for registration as a voter (NNP-case) & where that citizen is ordinarily resident outside the Republic, he/she must in addition to produce this a prescribed form.

National

If you reside within or outside the country, you have the right to vote in these elections but not provincial elections.

Smart ID Cards

To vote, you need this ID.