The Constitutional Court has declared the Electoral Act unconstitutional – meaning independent candidates are allowed to contest for national and provincial elections without being a member of a political party.
The case was brought by civil society organisation the New Nation Movement and others. They sought to have the Electoral Act declared unconstitutional as it did not make provision for individuals to be elected to the national and provincial legislatures outside of a party list.
Judge Mbuyiseli Madlanga handed down the judgment.
“It is declared that the Electoral Act of 1998 is unconstitutional to the extent that it requires that adult citizens may be elected to the national assembly and provincial legislatures only through their membership of political parties. The declaration of unconstitutionality is prospective with effect as of the date of this order but its operation is suspended for 24 months to afford Parliament an opportunity to remedy the defect.”
In the video below independent candidates react:
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