You are a Justice in the Constitutional Court. You are presiding over a matter involving the Minister of Correctional Services, the Respondent, and Mary, a prisoner, who is the Applicant. The matter anticipates the upcoming general election and the applicant asserts that prison officials failed to facilitate voting for prisoners during the last election, resulting in a number of prisoners, including herself, being unable to vote.

The applicant further states that prison officials have confirmed that they are not planning to assist prisoners in the forthcoming elections, thereby infringing on their right to vote in terms of the Constitution. Counsel for the applicant submitted that the court should direct the respondent to propose further amendments to theElectoral Act73 of 1998 in Parliament to ensure that prisoners in the position of applicant can vote and that prison officials are obliged to facilitate fair voting conditions for prisoners. Counsel for the respondent has, on the other hand asked the court to be guarded about giving the respondent direction on amending current electoral legislation, as doing so would amount to an infringement of the doctrine of the separation of powers.

After considering both arguments, you give the majority judgment of the court. The decision is that the respondent is to propose the necessary amendments to theElectoral Act73 of 1998 in Parliament and this will ensure fair prison conditions in which prisoners can vote in the forthcoming elections.

Further amendments to theElectoral Act73 of 1998 must be made in keeping with the above set of facts. Describe the law-making process in order for legislation to be passed.

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