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.
I was struck by one paragraph in the SCA judgment in Shaik v S.
On 9 February 2000, a newspaper, City Press, reported under the heading ‘Senior defence official in arms corruption scandal’:
‘Claims under scrutiny include that:
- a senior politician intervened to reopen negotiations for the contract to provide the corvette defence suite, after which French outfit Thomson, together with a local empowerment group, African Defence Systems, were declared the preferred bidders.
- this was after a different local company received indications it was the preferred bidder.’
As was stated by the court below the report ‘clearly identified Thomson as one of the culprits in the allegations of corruption and left the identity of the senior politician to guesswork and rumour’. On the same day the Presidency issued a statement rejecting ‘any insinuation that Deputy President Jacob Zuma is implicated in shady arms deals’.