ConCourt rules Electoral Act unconstitutional

The Electoral Commission has noted the judgment of the Constitutional Court declaring parts of the Electoral Act unconstitutional.

The highest court in the land on Thursday ruled that the act was unconstitutional in requiring that only candidates of political parties contest national and provincial elections.

“The Electoral Commission welcomes the clarity the court has provided to the interpretation of the rights of citizens to stand for public office. We will study the judgment in detail to reflect on its full implications for the current electoral system and legislative framework governing national and provincial elections,” said Commission Chairperson, Glen Mashinini.

The commission said the timing of this judgment, and the Parliamentary review of the electoral system it prompts, is opportune given both the maturing of South Africa’s democracy and the looming impact of the Covid-19 pandemic on election processes around the world.

The court has provided Parliament with 24 months to revise the legislation and the Electoral Commission stands ready to provide technical assistance into this process to help enhance the country’s electoral system.