Concourt Declares South Africa's Electoral Act Unconstitutional

Justice Mbuyiseli Madlanga  with Prof Sandy Liebenberg (left) of SU's Law Faculty, and Prof Nicola Smit, Dean of SU's Law Faculty, at the lecture

"I can conceive no reason that the limitation is justified. The Electoral Act is unconstitutional the appeal must succeed"

The South Africa's Electoral Act has been declared unconstitutional by the Constitutional Court. This means that anyone has a right to run for public office as an independent candidate.

Justice Mbuyiseli Madlanga handed down judgment on Thursday.

"I can conceive no reason that the limitation is justified. The Electoral Act is unconstitutional the appeal must succeed," Madlanga said as he handed down the judgement.

Judge Madlanga gave Parliament 24 months to amend the legislation as the judgement is suspended. The matter was brought before the court by the New National Movement as independent candidates have not been allowed to contest for national and provincial elections without being members of a political party.

The Constitutional Court has declared a section of the Electoral Act as unconstitutional. This paves the way for independent candidates to contest provincial and national elections. #DStv403 pic.twitter.com/9WOJyclOac

— eNCA (@eNCA) June 11, 2020

Some have welcomed the court ruling and took to social media just minutes after it was handed down to express their feelings.

Mmusi Mayimane said that this ruling is a game changer. "My prediction is that there will be more than 11 % of independents in parliament come 2024," he said.

Why do I welcome the #IndependentCandidates judgement. It’s a game changer. My prediction is that there will be more than 11 % of independents in parliament come 2024. pic.twitter.com/bbwhNXEFn3

— Mmusi Maimane (@MmusiMaimane) June 11, 2020