Electoral Act is undemocratic, ConCourt hears | IOL News

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The application was led by New Nation Movement and the Indigenous First Nation Advocacy South Africa as they argued that the Electoral Act was unconstitutional for barring people from standing for public office without joining political parties.

Johannesburg - The battle over rights of individuals who wish to contest for political office outside a political party in provincial and national elections landed at the Constitutional Court on Thursday.

“The Electoral Act makes absolutely no provision for every citizen to exercise their political choices in a mode other than a political party and that restriction is neither justified nor reasonable in a democratic and open society,” Ngcukaitobi said. Ngcukaitobi painstakingly pointed out that by allowing individual citizens to contest elections independently, it would encourage accountability because public representatives who belong to political parties tend to be accountable to their respective organisations rather than to citizens.

The applicants argued that as they envisaged putting their Khoisan traditional leader up for public office, it forced her to join or form a party which would make her partisan and was wrong for traditional leaders.

 

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