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Section 24(A) of the Independent Electoral Commission threatens exclusion to registered voters during the 2024 National, Provincial and Regional election in South Africa who may have to migrate from one place to another for unavoidable reasons and may compromise the right to franchise.
The National, Provincial and Regional 2024 voter registration attracted about 27 782 477 voters in the voter’s roll, some of whom may not be able to vote eventually due to movements in-between place and space for various reasons that are circumstantial and inevitable to shift in the last minute like job seeking, sickness, imprisonment, bereavement and hospitalization amongst others.
As it stands, section 24(A) provides that “a voter may vote outside of the voting district where registered on voting day, 29 May 2024, but needs to notify the Electoral Commission before voting day during the period specified in the Election Timetable. That period for the 2024 elections is 15 March 2024 to 17 May 2024”.
What we have seen for instance during the special votes on the 26th and 27th of May is that some citizens had to move and shift from their registered location for some of the reasons mentioned above and that automatically disqualifies them from voting. This means that even if they wanted to vote and shape the direction of South Africa’s democracy, they will not be able to do so because they are prohibited to do so by section 24(A) of the Independent Electoral Act. This is exclusion in my view and it is problematic, especially at this pivotal juncture and turning point in our fragile and maturing democracy. Every vote matters.
The Independent Electoral Commission still has time in the remaining couple of hours to resolve this question by lifting section 24(A) provision to enable migrating registered voters to vote wherever they are as long as they are able to produce proof of registration at their local registration.
In this way, the IEC would ensure that the right to franchise for all South Africans is protected as enshrined in our statutes and preventing non-discrimination of those who wish to exercise their right to vote.
The problem is that most citizens may not even be aware of the provision, particularly citizens who reside in remote areas in the villages, semi-rural townships and informal settlements amongst others. This is a risk to exclude the most marginalised of our citizens in the country who are at the receiving end of already proclaimed failures and challenges of our democracy in the last 30 years.
A compelling appeal is that the IEC reconsiders and lifts section 24(A) with immediate effect to enable voting by everyone who chooses to do so. The IEC can utilise various media platforms to convey this urgent message to voters where applicable to avoid possible unfair discrimination, exclusion, marginalization and disenfranchisement of registered voters.
Dr Fikile Vilakazi-Alberts is the Director of the Gender Equity Unit at the University of the Western Cape and an independent socio-economic and political analyst.
