CAPE TOWN – The Constitutional Court will on Monday deliver a much-anticipated judgment that will impact independent candidates who plan to stand in next year’s elections.
It will be the first time candidates not affiliated to a political party will be allowed to contest national and provincial elections following amendments to the electoral law earlier this year.
But unhappy with limitations being placed on them, the Independent Candidates’ Association and Build One South Africa took the matter to the apex court in August.
The Constitutional Court has been asked to decide whether it’s irrational and inconsistent with the Constitution for independent candidates to only be allowed to contest 200 of the 400 seats in the National Assembly.
On Monday, the court will determine whether this provision of the Electoral Amendment Act signed into law in April violates the rights of independent candidates.
The Independent Candidates’ Association wants to be allowed to contest at least 350 seats.
The applicants also want the threshold for the number of signatures required to contest an election to be lowered from 10,000 to 1,000.
The Electoral Commission fears an unruly ballot paper if a lowered threshold allows too many candidates from contesting.
On Friday, Home Affairs Minister Aaron Motsoaledi apologised to Parliament’s portfolio committee for the delays in establishing a panel which will be tasked with considering greater electoral reform ahead of the 2029 elections.