LUCAS LEDWABA and SANDILE MOTHA
VOTERS WILL no longer be at the mercy of major South African political parties that have imposed candidates on the electorate during election time since the dawn of democracy in 1994.
The Constitutional Court’s ruling declaring some sections of the Electoral Act unconstitutional has technically disempowered political parties as the only way to parliamentary representation for communities.
The ruling, made by a quorum of eight judges of the apex court, stemmed from a 2018 application by the New Nation Movement NPC, Chantal Dawn-Revell, GRO and the Indigenous First Nation Advocacy SA PBO in the Western Cape High Court.
In the main judgment written by judge Mbuyiseli Madlanga, he said the applicants argued that the Electoral Act is unconstitutional for unjustifiably limiting the right to stand for public office and, if elected, to hold office conferred by section 19(3)(b) of the Constitution.
In addition, some applicants
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