The Electoral Act is not in line with the Constitution as it does not allow individuals to stand for elections without being part of a political party, the Western Cape High Court heard on Thursday.
"The enjoyment of this right has not been proscribed by the Constitution. It is just not facilitated by legislation," Mogoeng noted at the time. Currently, the act makes no provisions on which constituency an independent could represent, or how seats would be allocated in the National Assembly . The Electoral Act further says that a citizen needs to be a member of a political party to hold national or provincial office, yet the Constitution makes no such demand.
kamva_somdyala CHANGE SA ELECTORAL SYSTEM: present sys had merit for its time- transformative consolidation. Now time for direct elections. Demarcation Board exists for re-delineating constituencies. Credit to all,Lekota,NNM &Courts Electoral Act's party power monopoly must end.