ConCourt deals blow to Independent Candidates Association
The Constitutional Court has dismissed an application by independent candidates seeking to raise the number of seats they can contest in the upcoming election.
The Independent Candidates Association challenged the constitutionality of the 200/200 split in the Electoral Amendment Act.
It wanted the number of National Assembly seats they could contest increased to 350.
The association argued that the Act violated the right to equality because it restricts the participation of independent candidates in elections.
But in a unanimous judgment on Monday, the apex court said the Act passes constitutional muster.
Justice Nonkosi Mhlantla read out the judgement.
"The applicant has not been able to prove that A the split is arbitrary and B a vote for an independent candidate carries less weight.
"Bearing in mind that the mere difference in effect of the split, is not in itself evidence of unequal treatment in the manner against in the constitution.
"An electoral law must always assume a complete freedom for the electorate to vote as they please, including splitting their vote where an opportunity to do so exists."
ALSO READ
