By Lehlohonolo Lehana.
The Constitutional Court heard the applications by the Independent Candidates Association of SA and One SA Movement concerning the constitutionality of the Electoral Amendment Act.
ConCourt runs the risk of “imposing” an entirely new “voting regime” in 2024, if it accepts the challenges brought by independent candidates. The candidates claim their rights have been infringed by unnecessarily “onerous” requirements in new SA election laws.
These were among the points made in the apex court over Tuesday and Wednesday in response to two groups of independent candidates challenging the new Election Law Amendment Act.
The new election law changed quotas, seat availability and threshold requirements for political parties as well as independent candidates, who, for the first time, can compete in the national election in 2024.
Chief Justice Raymond Zondo said OSA’s complaint was devoid of reasons on how independents would be unfairly treated.
“What one would have expected from the applicants is an affidavit that: ‘Here is how we are disadvantaged against political parties,'” Zondo said.
Before the Electoral Amendment Act, new political parties were required to produce 1 000 signatures to register with the IEC.
The IEC, Home Affairs Minister and Parliament argue that the increased number of signatures now required (15% of the number of votes needed to get a seat in the province where the candidate was campaigning) is to prevent “frivolous” registration applications.
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