Schreiber says mandatory voting would clash with Constitution, calls for national debate

Home Affairs Minister Leon Schreiber warned that legislative moves to compel South Africans to vote would need careful examination of the Constitution and a broad national policy discussion, after an MP asked whether he would consider making voting compulsory.

Minister responds to parliamentary question

Schreiber was responding to a question from MK Party MP Andile Mngxitama, who asked if the minister would consider legislative reform to force all citizens to participate in elections. The minister said South Africa’s constitutional framework is founded on human dignity and freedom and that the Bill of Rights requires the state to respect, protect, promote and fulfil rights in the Constitution.

Freedom to choose is protected

Schreiber highlighted that section 19 of the Constitution guarantees the right to make political choices, and that the current legislative framework is grounded in that freedom. He said reforms to compel participation would therefore need close constitutional scrutiny and wide public discussion.

Electoral context: low trust and falling turnout intentions

The minister’s remarks come after the Independent Electoral Commission (IEC) warned the upcoming local government elections will be held in the most challenging pre-electoral climate in 30 years. The IEC commissioned research carried out between October 2025 and February 2026 that found widespread disillusionment with political leadership, declining confidence in core institutions and dissatisfaction with how democracy is functioning.

In June the IEC’s Deputy Chief Electoral Officer, Mashego Sheburi, told MPs that were elections held imminently the intention to vote would fall from 76% recorded in 2015 to 64%.

Registration, the voters’ roll and proposed reforms

The IEC will hold its last voter registration weekend on 1 and 2 August, and the voters’ roll will close once the November 4 local government elections are gazetted. The total number of registered voters was 28.5 million as at 22 June.

Separately, EFF leader Julius Malema has submitted a notice in Parliament to introduce a bill intended to increase turnout, reduce unregistered voters and cut awareness-drive costs. A summary of the draft bill says the current Electoral Act permits voter registration from age 16 and that registration is voluntary and dependent on individual initiative and IEC drives.

The draft bill, according to its summary, seeks to shift the burden of registration from individuals to the state through automated voter registration (AVR), using population data and technology to compile and maintain a database transferred from the population register. The summary says countries with AVR have shown higher registration completeness and improved equity in voter rolls, and that South Africa’s civil registration and identity systems make it well placed to adopt such reform.

What the minister and parties want

Schreiber emphasised constitutional protections for the freedom to make political choices and framed any move to compel voting as an issue that must be considered within the Constitution and a broad national policy debate. Meanwhile, political actors are proposing legislative changes aimed at increasing registration and turnout ahead of the November local government elections.