Johnathan Paoli
THE Constitutional Court has dismissed an application by the Independent Candidates’ Association (ICA) and Build One South Africa to have the Electoral Amendment Act declared unconstitutional.
The court was asked to decide whether it was irrational and inconsistent with the Constitution for independent candidates to only be allowed to contest 200 of the 400 seats in the National Assembly.
The Act, which was passed by Parliament in April this year 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 wanted to be allowed to contest at least 350 seats, in addition to having the threshold for the number of signatures required to contest an election lowered from 10,000 to 1,000.
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; and that the legislation violated the right to equality and the right to political participation enshrined in the Constitution.
The ConCourt found the argument that political parties were advantaged by the Act, because voters would not split their vote between ballot papers, was an assumption not borne out by history, and that the act would not result in elections failing the free and fair test.
The Good party has welcomed the ruling, and spokesperson Janke Tolmay said that now the IEC could focus on finalising the details and preparations ahead of the elections next year.
Tolmay said that after 30 years of democracy, next year’s election was a potential tipping point and that voters were being presented with a wide range of choices encompassing old and new parties, which will now be joined on the ballot paper by independent candidates.
“Our democracy is in the process of maturing and today’s judgement is another step in the settling of our democratic process,” Tolmay said.
On Friday, Home Affairs Minister Aaron Motsoaledi apologised to Parliament’s portfolio committee for the delays in establishing a panel which will be tasked with considering greater electoral reform ahead of the 2029 elections.
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