In August the Independent Candidate Association (ICA) and Build One SA (Bosa) argued in the Constitutional Court that new election laws did not level the playing field between independent candidates and those in political parties.
The outcome of that case will affect how the 2024 elections will be staged because the Electoral Commission of SA (IEC) will have to change how it processes voting.
ICA and Bosa want a system allocating the National Assembly’s 400 seats by 350 for regional lists and 50 based on national, or compensatory, lists.
Independent candidates are currently excluded from the compensatory lists, giving them less opportunity.
The system splits the 400 seats equally, “unfairly” propping up those in political parties who can be on both lists. This apparently infringes on independent candidates’ rights.
The government said no infringement had been shown by ICA or Bosa and the court risks “imposing” a new “voting regime”.
Whatever the outcome, for the sake of SA, the Constitutional Court must deliver this judgment soon. This is doubly concerning in light of GroundUp’s findings in November that four judgments from the apex court were outstanding and “late”. Though the court has much to deal with, so do we as citizens who could find election options shifted.
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