The country’s elections are headed for a big shakeup after the Constitutional Court ordered that the Electoral Act was unconstitutional for not allowing independent candidates to contest for National Assembly and Provincial Legislatures elections.
The judgement by the country’s apex court means independent candidates will be allowed to contest the 2024 national and provincial elections, which they were barred from doing by the current Electoral Act 73 of 1998.
The New Nation Movement (NNM) had argued that the Electoral Act infringed on the rights of independent candidates to contest national and provincial polls.
The declaration has been suspended for 24 months to allow the National Assembly to amend the Act.
NNM had first approached the High in Cape Town in September 2018 on an urgent basis seeking to contest last year’s general elections. The court dismissed the challenge, stating that independent candidates could establish a political party through which they can contest elections.
The organisation then approached the Constitutional Court in May 2019 on an urgent basis, again pushing to contest the general elections. However, the ConCourt ruled that the applicants failed to demonstrate that Parliament could timeously effect the necessary legislation before the May 8 elections.
Handing down the latest judgement, Justice Mbuyiseli Madlanga, said today he could not conceive a reason why independent candidates were barred from contesting general elections.
“The Electoral Act is unconstitutional; the appeal must succeed,” he said.
