While the Pretoria High Court ruled that all South African citizens living abroad can apply to cast their vote in the upcoming election by means of a special vote, the last say rests with the Constitutional Court.
Freedom Front Plus MP Willie Spies, who represented Willem Richter, said they hoped that the Constitutional Court would rule on the issue within two weeks.
Judge Piet Ebersohn on Monday declared certain provisions of the legislation relating to elections unconstitutional and invalid, in so far as they barred South African citizens abroad from casting their vote.
As it is a constitutional issue, this will have to be confirmed by the Constitutional Court.
Spies said this judgment would affect about 2-million South Africans living and working abroad.
"In terms of this order, it is possible for all South Africans abroad to cast their vote, provided that they within 15 days of the proclamation of the election, give notice of their absence from the country," said Spies.
In the past, only certain categories of South Africans - including government officials and diplomatic staff working abroad; people on holiday or a business trip; those participating in an international sporting event or studying abroad; as well as soldiers on peacekeeping missions - could cast their vote.
Richter, a South African working in the United Kingdom, felt so strong about voting in the upcoming election that he decided to turn to the court. He said certain provisions of the Electoral Act unfairly discriminated against ordinary South African citizens living and working abroad.
Judge Ebersohn said in his ruling that the Bill of Rights guarantees that every South African has the right to freedom of movement and to leave the republic.
"This court is of the opinion that citizenship and the right to vote is not affected or diminished when a citizen exercises his or her rights to freedom of movement or residence.
"The Electoral Act effectively denies all citizens working abroad (who are not employed by the government or fall within certain classes) their right to vote, while the constitution, which is the overriding enactment, permits all citizens to stand for election.
"It is not clear why parliament enacted provisions to the effect that a person who qualifies to be a candidate, should be disqualified from voting just because he or she is working outside the country," said Judge Ebersohn.
He said the right to vote, which is fundamental to democracy, requires proper arrangements to be made for its effective exercise.
The judge said it must be noted that during the 1994 elections, South African citizens abroad could vote at foreign voting stations, without even having to apply for special votes.
No distinction was at the time drawn between different classes of citizens.
In 2003, this section of the Electoral Act was amended to limit the class of citizen who may apply for a special vote.
Judge Ebersohn said the effect of the legislation was that it watered down the right to vote.
He said this is "inexplicable, arbitrary and inconsistent" with the word and spirit of the fundamental right to vote contained in the constitution.
Allowing South Africans living abroad to vote would be a "logistical nightmare" and could further delay the announcement of an election date, Titi Pitso, election and political processes manager at the Electoral Institute of Southern Africa, told Sapa on Monday.