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Dr-Ina-Gouws
Dr Ina Gouws is a Senior Lecturer: Political Studies and Governance, at the University of the Free State.

Opinion article Dr Ina Gouws, Senior Lecturer: Political Studies and Governance, University of the Free State.


In a year where at least 64 countries will hold elections, it is inevitable that we reflect on issues such as the right to vote, the importance of voting, and the role of elections in a democratic process. The truth is, since the earliest elections were held in Greece in around 508 BC, exclusions were part of the process. Only wealthy landowners were allowed to vote. Male landowners, that is. The first popular election where all citizens could vote, and the majority vote won, is believed to have taken place in Sparta in 745 BC. For many centuries, examples like these were very few.

The right to vote

The history of the right to vote is mostly depicted in the history of suffrage – defined as ‘franchise’, or the right to vote – and the exercising of that right. These movements are rooted in the plight of minority groups and generally disenfranchised groups (those discriminated against, such as the poor and the landless), and their fight for the right to vote. You can easily read up on the most chronicled movements in history, such as Women’s Suffrage. The bravery, determination, and suffering endured to secure the right to vote is legendary. And once they finally won the right to vote, this did not mean they could run for office. Another fight was ahead for this democratic right. The Civil Rights movement in America is another example of a movement where the disenfranchised fought for, amongst other civil rights, the right to vote. This included, of course, black women, who were discriminated against from within various Women’s Suffrage movements.

In South Africa, the history of the right to vote is entangled with our colonial history. After the two Boer Wars, decisions had to be made as to who would be the decision-makers going forward. In the Cape Colony, all races had the right to vote – but only if you were male and had the economic qualifications, which means only the male elite across races could vote. In the negotiations to unify the Boer republics with the Cape Colony and Natal at the time, black people’s right to vote came under scrutiny. When South Africa finally became a union, its Constitution was put forward to the British government for approval. The British government was not keen to allow voting rights for black people. Thus, in the 1909 Constitution, only black people in the Cape retained their right to vote. The prevalent racial intolerance in South Africa kept this issue very high on the agenda, and in the 1930s the South African Parliament finally had the two-thirds majority needed to remove voting rights for black people from the Constitution. Finally, in 1951, the Coloured Voters Roll was also scrapped. In resistance against the diminishing civil rights experienced by these groups in South Africa, liberation movements such as the ANC were formed. One of the civil rights they fought for, for many decades, was the right to vote; a right finally won and exercised for the first time in 1994. 

The value of voting

So why am I providing this VERY brief look at history and the right to vote?

The value of voting has lost its lustre in South Africa. Despite all this history of the disenfranchised winning the right to vote, and the great enthusiasm for and faith in this aspect of the democratic process, South Africans look at voting with far less excitement only 30 years after the first democratic elections. Of course, we come by our growing indifference honestly. Those the majority have given their vote to have let us down greatly. And when we look at the candidate lists for the governing party for our upcoming elections, it doesn’t seem that we can expect better.

But this is still a democracy, dear voter! There will be more parties than ever on the ballot in 2024. We have a Constitution protecting this right to vote for any party you choose. What a notion! Looking back at history, especially from the vantage point of this current Human Rights Month, this right to vote is still at the centre of a system where the people have the final say. You must exercise this right with vigour, with determination, and with defiance against anything or anyone who wishes to weaken our country even further.

I mentioned decision-making earlier. This is what voting is. Look around you and decide if you are content with your circumstances. Look at your wider community and communities in your province and how they make an existence, and decide if you are satisfied with what you see and hear. The vast majority of people in this country can’t possibly be content or satisfied with what they see or what they LIVE through every day. Dear voter, neither are you, right?

So, VOTE in these elections if you are eligible. VOTE. It is your RIGHT. 

News Archive

Law postgraduate student awarded IAWJ and Faculty of Law bursary
2017-03-02

Description: Association of women judges gala dinner 2017 Tags: Association of women judges gala dinner 2017


The University of the Free State Faculty of Law, in conjunction with the International Association of Women Judges (IAWJ) South Africa Chapter, hosted a gala dinner on 25 February 2017, in Bloemfontein, to raise awareness on the development programmes that women judges in South Africa, and specifically in the Free State, are involved in.

Focus on development of upcoming legal professionals
The event was a glamorous occasion attended by high-ranking officials in the Free State judiciary and Faculty of Law staff and students. Central to the evening’s events was the launch and presentation of the IAWJ/UFS Faculty of Law bursary that was presented to Mbali Mathebula, who is enrolled for an LLM at the UFS in 2017. Judge Mahube Molemela, Judge-President of the Free State High Court, and Chancellor of the Central University of Technology (CUT), presented the bursary to Mbali, commending her for choosing a poignant research thesis that focused on the rights of children with disabilities in South Africa. Judge Molemela expressed the importance of perseverance through study, and self-development as the key to a successful career in Law.

Transformation in the legal profession still a challenge
Some of the speakers of the evening included Prof Caroline Nicholson, Dean of the Faculty of Law and programme director, Judge Soma Naidoo, who gave introductory remarks, and Judge Mandisa Maya. In her remarks, Judge Maya outlined some of the prevailing challenges that women judicial officers still face, despite decades of reforms in the legal profession. She said: “Women in the judiciary are torchbearers who inspire and empower others, especially young women, and should strive to achieve high moral standards and exceptional scholarship.”

IAWJ mentors upcoming legal professionals
Judge Naidoo said the association had, over the past seven years, partnered with universities such as UFS, University of Pretoria (UP), University of South Africa (Unisa) and University of Cape Town (UCT) to support students through social outreach programmes. She noted the involvement of corporates and other legal professionals as key to their success. Judge Naidoo said the IAWJ had been instrumental in providing training for legal professionals in areas such as trafficking in persons across the Southern African Development Community (SADC), supported by the US Embassy in Pretoria, and had held health and wellness programmes for legal officers around the country.

The gala dinner was a celebration of the successes of the association over the years, and an opportunity to reflect on the important issues that women face in the legal profession, as well as a call to action for students and young legal professionals. The proceeds from the evening will be used to further mentor and develop law students around the country.

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