Quote of the week
Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
The Commissions Act provides that once a commission has been appointed, the President may confer upon that commission the power to summon and examine witnesses, to administer oaths and affirmations and to call for the production of books, documents and objects.Failure to comply with a subpoena issued by a commission is a punishable offence. If these powers are not conferred, the commission will have no powers beyond those enjoyed by any individual or state agency conducting an investigation. The Commissions Act may only be made applicable to a commission of inquiry if it is investigating a matter of public concern…. Making the Commissions Act applicable to a commission of inquiry therefore ensures that a commission can call witnesses and obtain the production of documents and objects on pain of punishment. Nevertheless, a commission remains an investigative body whose primary responsibility is to report to the President upon its findings. A commission is generally not entitled or empowered to take any action as a result of its findings. – The Constitutional Court in the judgment of President of the Republic of South Africa v SARFU
