If independent candidates are allocated more seats, it can result in 'failed elections'

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The prospect of 'failed elections' will be rife should the Constitutional Court increase independent candidates' allocation of National Assembly (NA) seats after next year's elections, the Electoral Commission of South Africa asserted.

Aaron Motsoaledi said allocating more Nation Assembly seats for independent candidates would"distort" SA's elections.

The prospect of"failed elections" will be rife should the Constitutional Court increase independent candidates' allocation of National Assembly seats after next year's elections, the Electoral Commission of South Africa asserted. Michael Atkins, an academic used by the ICA in its application, stated in his report that 200 of the 400 seats independents were allowed to contest meant independents would need to double the votes of political party candidates to achieve one parliamentary seat.The ICA wants the allocated seats for independents increased from 200 to 350, with the remaining seats being"compensatory seats", or seats shared proportionally among political parties according to the number of votes received.

It was a good day in court.One never presumes the outcome, but I am satisfied that the most basic unfairness facing independent candidates was clearly conveyed.There are complications, but there is a remedy.Personally, it was satisfying, as my analysis was not contested.

But advocate Johan de Waal, on behalf of the ICA, said the local government elections had a system to manage the overhang risk raised by opposing parties because independent candidates were allowed to compete with political parties in line with the Municipal Structures Act. EXCLUSIVE | 14 lawyers under investigation over millions due to severely disabled children

 

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