Electoral Commission stands ready to assist Parliament in revising the electoral system and legislation following Constitutional Court judgment

The Electoral Commission notes the judgment of the Constitutional Court declaring the Electoral Act unconstitutional in so far as it requires candidates to contest national and provincial elections only as a member of a political party.

“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 Mr Glen Mashinini.

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 our electoral system.

ISSUED BY THE ELECTORAL COMMISSION
Ensuring free and fair elections

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