The applicant, Willem Stephanus Richter, is a South African citizen and registered voter who was working as a teacher in the United Kingdom at the time of the 2009 national and provincial elections. He intended to return permanently to South Africa later in the year but would be abroad on polling day, 22 April 2009. Section 33 of the Electoral Act 73 of 1998 limited the categories of voters who were temporarily absent from the Republic and permitted to cast special votes abroad. Richter did not fall within the permitted categories and was therefore excluded from voting. He challenged the constitutionality of sections 33(1)(b) and 33(1)(e) of the Electoral Act and related Election Regulations. The North Gauteng High Court declared those provisions unconstitutional in part and ordered that affected voters be allowed to vote by special vote. That order was referred to the Constitutional Court for confirmation.
The order of constitutional invalidity made by the North Gauteng High Court was confirmed, with certain modifications. The Electoral Commission was required to make arrangements to allow registered voters who were temporarily abroad on polling day to vote by special vote in the 2009 elections. The application for direct access was dismissed as moot, and costs orders were made accordingly.
This case is a leading authority on the scope of the constitutional right to vote for South African citizens abroad. It affirms that citizenship, not residence, is the foundation of the right to vote and that legislative distinctions limiting that right must be rational and justifiable. The judgment significantly expanded the franchise for expatriate South Africans and influenced subsequent reforms to electoral legislation governing overseas voting.