The constitutional crisis is far greater than we think,” said advocate Alan Nelson, who is representing the New Nation Movement, a “non-partisan” organisation founded in 2017. South Africa has many issues such as unemployment, gender-based violence and corruption.
But Judge Siraj Desai told the court last week that he was concerned that the “major political parties” had been absent at a mediation meeting that had discussed a case that affected them. Only Cope leader Mosiuoa Lekota and a few “obscure parties” were present at the pre-trial meeting, which had been convened by the New Nation Movement.
However, Judge Desai was adamant that a case like this was in the “direct and substantial interest” of every political party represented in the National Assembly. Therefore, they needed to be included. The application to the Western Cape High Court follows a 2018 Constitutional Court judgment in which Chief Justice Mogoeng Mogoeng wrote that “the right to stand for public office is tied up to the ‘right to vote in elections for any legislative body’ that is constitutionally established. This meant that every adult citizen may in terms of the Constitution stand as an independent candidate to be elected to municipalities, provincial legislatures and National Assembly.
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