Constitutional Court rules Electoral Act is unconstitutional, opens way for independent candidates

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Constitutional Court.
Constitutional Court.
Felix Dlangamandla, City Press

The Constitutional Court has declared the Electoral Act unconstitutional.

Justice Mbuyiseli Madlanga handed down judgment on Thursday.

This comes after the New Nation Movement's (NNM) bid to allow an independent candidate to run for elections challenged the current Electoral Act 73 of 1998, arguing that it infringes on the right to exercise individual political choices.

The NNM wanted the Electoral Act to be amended to allow independent candidates to run in provincial and national elections.

The apex court also ordered that Parliament correct the Electoral Act.

"I can conceive no reason that the limitation is justified. The Electoral Act is unconstitutional the appeal must succeed," Madlanga said in his judgment.

The court also ruled that the deficiency in the Act that does not provide for adult citizens to be elected to the national and provincial legislatures as independent candidates is inconsistent with the Constitution.

The judgment is suspended for 24 months for Parliament to amend the legislation.

This is a developing story. More information to follow.

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