NCJ Number
208270
Journal
Corrections Today Volume: 66 Issue: 7 Dated: December 2004 Pages: 76-79
Date Published
December 2004
Length
4 pages
Annotation
This article describes the issues surrounding a legal application regarding a South African electoral law that disenfranchises one group of inmates.
Abstract
The National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) brought a legal application to the South African Constitutional Court regarding the constitutionality of the Electoral Laws Amendment Act that excludes inmates serving a sentence without the option of a fine from registering for and participating in elections. The NICRO is committed to addressing the human rights concerns of inmates and supporting prison reform in South Africa. The organization was motivated to bring the application because of the importance of voting to the stability of democracy in the country and for concern over the erosion of prisoners’ rights. In March 2004, the South African Constitutional Court ruled that the amendment under question was unconstitutional for many reasons, among them was the lack of explanation as to why only certain inmates were targeted for disenfranchisement, what the impact of the disenfranchisement would be, and how the disenfranchisement would impact current crime levels. The ruling underscored the current position of inmates in South Africa in terms of constitutional rights. 13 Endnotes