In 2020, the Constitutional Court ruled that the Electoral Act 73 of 1998[1] is unconstitutional to the extent that it prevents adult citizens from standing for and being elected to the National Assembly and Provincial Legislatures as independent candidates. The judgement ruled in favour of New Nation Movement and Others that the Act is unconstitutional to the extent that it requires that adult citizens may be elected to the national and provincial legislatures only through their membership of political parties infringes on political rights and association rights meant to be enjoyed under the Bill of Rights. The order of unconstitutionality is suspended for 24 months to allow Parliament an opportunity to fix the limitations giving rise to the unconstitutionality. The Minister of Home Affairs was ordered to pay the applicants’ cost in the High Court and the Constitutional Court. Click on the link below to download the pdf report.
