The Constitutional Court has dismissed the application by the Independent Candidates’ Association (ICA) to have the Electoral Amendment Act declared unconstitutional.
The Act, which was passed by Parliament in April 2023, allows independent candidates to contest elections but allocates them only 200 seats in the National Assembly, while the remaining 200 seats are reserved for political party candidates.
The ICA argued that the Act was unconstitutional as it restricted the participation of independent candidates in the elections and their representation in the National Assembly, compared to political party candidates.
They contended that the Act violated the right to equality and the right to political participation enshrined in the Constitution.
In a judgment delivered by Justice Nonkosi Mhlantla, the Constitutional Court held that the Act was not unconstitutional.
The Court found that the limitations placed on independent candidates were rationally connected to the legitimate purpose of promoting party-based representation in the National Assembly.
ConCourt hands down judgment on the Electoral Amendment Act:
#JUSTIN : The Independent Candidates Association of South Africa’s legal challenge to the Electoral Amendment Act (re: the 200/200 split in the National Assembly) fails. ConCourt finds that the applicant has not established that the impugned legislation is irrational #SABCNews pic.twitter.com/Nd6iY1KnT4
— Canny Maphanga (@CannyMaphanga) December 4, 2023
