MADLANGA J “whether, if the applicants’ challenge were to be upheld, that would not mean there is, within the Constitution, an internal contradiction between the existence of the right asserted by the applicants under sections 18 and 19(3)(b) of the Constitution, on the one hand, and the power conferred by section 157(2)(a) of the Constitution on Parliament to enact legislation that prescribes a system of proportional representation that is exclusively based on party lists, on the other.” Section 157(2) stipulates that membership of a Municipal Council must be in accordance with national legislation which must prescribe the two alternative systems contained in paragraphs (a) and (b) of the section. For present purposes, only the system which may be prescribed in terms of paragraph (a) is of relevance. That system may exclusively be a party proportional representation system. I say so because the system to be introduced by the envisaged legislation must provide “for the election of members from lists of party candidates drawn up in a party’s order of preference”. There is simply no room for the system to provide for the participation of individual candidates. Here lies what may be seen as a contradiction. If making it impossible for adult citizens to stand for and, if elected, to hold office as individuals is unconstitutional under section 19(3)(b), that appears to contradict section 157(2)(a) which expressly sanctions election to public office exclusively through party representation. Put differently, why is a system that provides for exclusive party representation unconstitutional under section 19(3)(b) but constitutional under section 157(2)(a)? In response to the supplementary directions, the first applicant submitted that section 157(2)(a) “does not say the system must be for political parties only”. (Emphasis in original.) That is not correct. The section does say so. It says the paragraph (a) alternative system of proportional representation must be based on a municipality’s segment of the common voters roll. It then stipulates – conjunctively – the system must provide for the election of members from lists of party candidates drawn up in a party’s order of preference. The second to fourth applicants supported OUTA’s submissions. 40