Page last updated at 09:36 GMT, Wednesday, 15 April 2009 10:36 UK

South African expats' ballot box battle

South African voters

South Africa became a democracy in 1994, but the many citizens living abroad were denied the right to vote.

It is easy to understand why, for most South Africans, the ballot box is an incredibly emotive object. For so many years a self-selected few fought against giving the majority access to it.

But despite the success of the struggle, the country's electoral act, passed in 1998, still disallowed a large number of South Africans the right to vote.

The act stated that South Africans who were abroad on election day were ineligible to have their say. Just a small minority were exempt.

SOUTH AFRICANS ABROAD
Nthuthu Nomkuca

Nelson Mandela, for example, gave so much so that we can vote which is why everyone overseas must do so
Nthuthu Nomkuca

Only those on a holiday or business trip, studying or part of a team participating in an international event could vote.

The large numbers of South African expatriates dotted around the globe could not.

To Willem Richter, a 27 year old who had moved to London, the law was ridiculous.

"I came to Britain for two years to teach and to travel. I have a South African passport, I am a South African citizen."

"Why is my right to vote any less important just because I happen to be outside the country at the time?"

The Afrikaner Freedom Front party heard about Mr Richter's situation and helped him bring the case before the High Court in Pretoria.

It ruled that the 27-year-old did have a right to vote overseas and the case was referred to South Africa's highest court.

Second class

In March the Constitutional Court upheld the verdict, giving tens of thousands of expatriates the right, as long as they were registered to vote.

Speaking to BBC News, Mr Richter says he is happy but still rather combative about the court's decision.

"It's outrageous to think there may have been the chance that it wouldn't have been possible."

VOTING TIMELINE
April 1994: South Africa holds first-ever democratic elections, Mandela becomes president
October 1998: New electoral act ends overseas voting for most South African expats
June 1999: ANC wins second general election, Thabo Mbeki becomes president
April 2004: The ANC increases its majority in the third general election since the end of apartheid
March 2009: Constitutional court rules South Africans abroad who're registered can vote
April 2009: South Africans at home and abroad vote in the fourth multi-party elections
May 2009: ANC tipped for fourth election victory

"Just because I am not in the country at the time, why should I be made to feel second-class?"

South Africa's Independent Election Commission (IEC) estimates that, along with Mr Richter, more than 7,000 other South Africans will cast their ballot at South African House in London on 15 April.

Stark reminder

Britain is home to the largest South African diaspora.

Nthuthu Nomkuca, originally from the Eastern Cape but now living in Birmingham, hopes to be in the queue in Trafalgar Square when the polls open.

"We, black South Africans especially, were not allowed the right to vote for centuries and so to be denied the right simply because one happens to be outside the country is a stark reminder of those times," she says.

"Nelson Mandela and others gave so much for our freedom so we owe it to history to stand up and be counted on 15 April."

The IEC also expects large numbers of expatriates at polling stations in Canberra and Auckland too.

It is thought more than two million South Africans have left the country in recent years to find jobs and because of a fear of crime.

In South Africa itself, polls open on 22 April.

Although the ANC faces a challenge from a breakaway party it is widely expected to win the election, which would mean its leader Jacob Zuma becoming president.



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