IEC: People with Mental Disabilities Have the Right to Vote Unless a Court Rules Otherwise

Illustration: Mental illness can affect a person's mood, thoughts and behaviour, influencing how they perceive the world around them. Picture by Synapse

Illustration: Mental illness can affect a person's mood, thoughts and behaviour, influencing how they perceive the world around them. Picture by Synapse

The South African Electoral Commission (IEC) has reaffirmed that people with mental disabilities have the right to vote and cannot be excluded from elections unless a court has declared them legally incapable of doing so.

Speaking at the disability sector workshop held at the Garden Court in Cape Town on Wednesday, IEC Commissioner Judge Dhayanithie Pillay drew a clear distinction between a person's mental disability and their legal capacity, stressing that only a court—not the IEC—can determine whether someone lacks the legal capacity to vote.

Pillay said:

“Persons with mental impairment can vote unless a court declares them incompetent. It is not for the IEC to say you can't vote because you are mentally incompetent. Only a court can make that determination.”


She distinguished between accessibility and reasonable accommodation, saying accessibility is about the pre-emptive removal of barriers that prevent people with disabilities from participating on an equal basis. Reasonable accommodation, by contrast, involves adjustments made to meet the specific needs of an individual with a disability.

IEC Commissioner Judge Dhayanithie Pillay addresses delegates at the disability sector workshop held at the Garden Court in Cape Town on Wednesday. Picture by IEC

IEC Commissioner Judge Dhayanithie Pillay addresses delegates at the disability sector workshop held at the Garden Court in Cape Town on Wednesday. Picture by IEC

Pillay said:

 “Reasonable accommodation is based on what a specific person needs, and it can shift from one circumstance to another.” 

She gave the example of a person with Down syndrome who may require assistance to understand how to cast a ballot.

The IEC staff are required to be sensitive, observant and able to respond appropriately to the needs of persons with disabilities.

Pillay added that people who are unable to travel to their voting stations may apply for a special vote.

The IEC states that a voter may qualify for a special vote if they cannot travel to their voting station because they are physically infirm, have a disability, are pregnant, or are unable to vote at their voting station on election day.

During the voter registration weekend 1.7 million citizens interacted with the Electoral Commission.  Picture by IEC

During the voter registration weekend 1.7 million citizens interacted with the Electoral Commission. Picture by IEC

During the voter registration weekend of 1 and 2 August, 1.7 million citizens interacted with the Electoral Commission by visiting one of the 23,699 voter registration stations or using the online voter registration portal.

Of the 1.7 million transactions, 291,806 (16%) were first-time voter registrations. A further 1,502,245 (84%) were existing registered voters who inspected or updated their registration details.

The IEC said the figures reinforce its message that voters must register and vote in the voting district and ward where they reside. In local government elections, there is no provision for voters to cast their ballots at a voting station other than the one where they are registered.

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