Posted on May 17, 2024
In light of South Africa’s upcoming elections, Sabeeha Majid, a researcher at the Disability Rights Unit in UP’s Faculty of Law, reflects on the lack of accessibility to information for people with disabilities and how this affects their constitutional right to vote.
From 26 to 29 April 1994, South Africans headed to the polls to vote in the country’s first democratic election. The 1994 election was a turning point in South African history as it signified the transition from apartheid to constitutional democracy.
The Constitution of the Republic of South Africa, which is the supreme law of the land, is widely regarded as one of the most progressive constitutions in the world. Section 9 of the Constitution is the equality clause, which prohibits discrimination on the grounds of disability, race, religion, culture and language, among other things. Section 19 of the Constitution entrenches a multitude of political rights, such as the right of every adult citizen to vote, the right of every adult citizen to stand for public office, the right of citizens to free, fair and regular elections, and the right of citizens to join and campaign for the political party of their choice.
To ensure that people with disabilities can exercise their constitutional right to vote, they are permitted to apply for a special vote. For example, if you are a wheelchair user, and the voting stations and booths are physically inaccessible, you may apply for a special vote-by-home visit. Similarly, people with disabilities who reside in care facilities may apply for a special vote-by-home visit.
Furthermore, in preparation for the 2011 municipal (local government) elections, the Electoral Commission and the South African National Council for the Blind developed a voting aid, known as the universal ballot template (UBT). Its purpose is to make the voting ballot accessible for people with visual impairments, those with dyslexia and other learning disabilities, the elderly, and people with low literacy, among other groups. Election officials have also been trained on the use of UBTs to ensure that they can adequately aid those who require it.
While we must acknowledge the massive strides that have been made in ensuring that more citizens have the opportunity to vote, we must also address the inadequacies of the political system as a whole. Election manifestos, which to a large extent, inform our choice of which political party to vote for, are not made available in braille or easy-to-read formats (for the benefit of people with learning disabilities).
Sign language interpreters are not made use of during election campaign meetings and community meetings with party leaders, thereby excluding those with hearing impairments from participating in these gatherings.
It is also crucial to take note of which political parties have adequately addressed the human rights of people with disabilities in their election manifestos. Among the three major political parties in South Africa – the African National Congress, the Democratic Alliance, and the Economic Freedom Fighters (EFF) – only the EFF has dedicated an entire chapter of its manifesto to addressing issues faced by people with disabilities. They have focused on a multitude of issues such as education, curriculum development, employment and accessibility of government buildings.
We have undoubtedly made massive strides towards equality since the dawn of democracy 30 years ago. However, for those with disabilities, society remains inaccessible, and it is up to every one of us to raise awareness and do our part to ensure greater accessibility.
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