Individuals have a right to contest elections, ConCourt hears
The New Nation Movement (NNM) has told the Constitutional Court there is a conferred right for individuals to contest elections.
The organisation is seeking to declare Electoral Act 73 of 1998 as unconstitutional, as it forbids independent candidates from standing for elections.
It also does not allow independent candidates to stand for and hold office in the national and provincial legislatures.
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However, the NNM’s advocate Tembeka Ngcukaitobi told the apex court that section 19 (3) b of the Constitution makes provision for individuals to contest elections.
The Minister of Home Affairs and the Independent Electoral Commission (IEC) disagreed, saying that particular section of the Constitution does not overtly state that independent candidates must be allowed to stand for election at every level of the government.
On behalf of the IEC, Advocate Steven Budlender said: “While it may constitutionally be permissible for Parliament to make it possible for independent candidates to stand for provincial or national office, it not constitutionally obligatory for Parliament to do so.”