The Constitutional Court has declared that the Electoral Act is unconstitutional. The Court handed down the judgement yesterday, after an organization calling itself the New Nation Movement had approached the courts in 2018, saying that the current system prevented independent candidates from running for Parliament, which was an infringement on the political rights of individuals.

Justice Mbuyiseli Madlanga said in his judgement: ‘I can conceive no reason that the limitation is justified. The Electoral Act is unconstitutional; the appeal must succeed.’ The court also found that it was inconsistent with the Constitution to prevent people running as independent candidates for Parliament or the provincial legislatures.

The Court gave Parliament two years to amend legislation.

The IRR has been one of a number of voices which has been calling for electoral reform.


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