Constitutional Court dismisses application by independent candidates seeking to raise the number of seats

The Constitutional Court has dismissed an application by independent candidates seeking to raise the number of seats they can contest in the upcoming election. The Independent Candidates Association challenged the constitutionality of the 200/200 split in the Electoral Amendment Act.

It wanted the number of National Assembly seats they could contest increased to 350.

The association argued that the Act violated the right to equality because it restricts the participation of independent candidates in elections. But in a unanimous judgment on Monday, the apex court said the Act passes constitutional muster.

Justice Nonkosi Mhlantla read out the judgement.

"The applicant has not been able to prove that A the split is arbitrary and B a vote for an independent candidate carries less weight. Bearing in mind that the mere difference in effect of the split, is not in itself evidence of unequal treatment in the manner against in the constitution. An electoral law must always assume a complete freedom for the electorate to vote as they please, including splitting their vote where an opportunity to do so exists."

PHOTO: IEC

The Independent Electoral Commission (IEC) has welcomed the judgement of the Constitutional Court in relation to the challenges to the Electoral Amendment Act.

The judgement provides the necessary certainty in relation to the preparations of the 2024 National and Provincial Elections. The Electoral Commission will immediately put in place the regulations necessary to give practical effect to revisions of the electoral system in the light of the judgement handed down today by the apex court. 

‘’The Electoral Commission has always been of the view that the distribution of seats of the National Assembly between the compensatory tier and the regional tier was rational and satisfied the constitutional requirement for general proportionality. The important confirmation of the Constitutional Court is that the contestants in the regional tier of the elections are subject to the same number of votes per seat. Furthermore, that no votes of independents are to be transferred to political parties.,’’ said the IEC in a statement.

‘’Pertinently, the Electoral Commission will now finalise adjustments to the signature requirements portal, so that prospective independent candidates and unrepresented parties can start collecting and capturing. The signature portal, as well as the final regulations, will be launched soon,’’ it added.

 

Done By: Mitchum George