The right to stand as an independent candidate in national and provincial elections : Majola V The President

Abstract

In Majola v The President, the applicant challenged the constitutionality of s 57A read with schedule 1A of the Electoral Act 73 of 1998. In the event of it being declared invalid, the applicant sought an order to the effect that the 2009 general elections be nullified and new elections called. The applicant argued that the current electoral law was in conflict with the political rights guaranteed under s 19 of the Bill of Rights. This, according to the applicant, was the case insofar as the system of pure proportional representation of political parties without any possibility to directly elect representatives does not permit independent candidates to contest elections to the National Assembly and provincial legislatures, hence the application that impugned provisions be declared unconstitutional.