Parliament statement on Constitutional Court judgment regarding Electoral Act
11 June 2020
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Parliament notes the judgment of the Constitutional Court regarding the constitutionality of the Electoral Act due to its exclusion of adult citizens to be elected to the National Assembly and Provincial Legislatures as independent candidates.
Parliament was cited in the matter, which was brought by a non-governmental organisation, the New Nation Movement. Parliament had filed a notice to abide the court’s decision, together with an explanatory memorandum. The explanatory memorandum addressed, amongst others, the time required for processing legislation, if amendments to the existing Electoral Act were required, and requested the court’s consideration in this regard.
The Constitutional Court has given Parliament 24 months in which to pass the required legislation, following its finding that the Electoral Act is unconstitutional because it does not allow individual candidates to run for political office.
Parliament respects the judgment of the Constitutional Court, and will study its practical implications in relation to its obligations on the Legislature.
Issued by MolotoMothapoon behalf of Parliament of South Africa, 11 June 2020