(1) The special voting dispensation on the provincial ballot is regulated in terms of section 33A of the Electoral Act 73 of 1998. This aspect of the electoral scheme was passed into law by the Parliament of the Republic ahead of the 2014 general elections. The key consideration of Parliament is that there is no nexus between ordinary residence outside of the Republic and a province inside of the Republic. Crucially, the nexus on the national ballot is established by the subsistence of citizenship on the part of those ordinarily resident outside of the Republic.
(2)(a) There is no legal opinion that the Commission procured on this matter.
(2)(b) The relevant extract of the Commission meeting is hereto attached is attached as Annexure A.
ANNEXURE A
EXCERPT FROM COMMISSION MEETING OF 21 SEPTEMBER 2012
After a deliberation on the above, the meeting APPROVED the following recommendations from the Committee:
The meeting AGREED that the Chairperson should approach the Leader of Government Business in Parliament.