MADLANGA J
conscience is protected by section 15(1) of the Constitution.74 It is so that individual
members of a legislature remain “free to follow the dictates of personal conscience”.75
But they do so at their own peril because “if [they] wish to be re-elected they need to
bear in mind party discipline”.76 A classic Hobson’s choice for somebody who does
not want to be shackled by party politics and constraints. Ms Revell, the second
applicant, is such a person. We cannot make light of her choice. In the interpretative
exercise, her personal situation is merely illustrative.
We cannot dismissively say if you stand for political office through a political
party, it makes no difference; you still do stand for political office. It may make all the
difference to some. And it does to Ms Revell. She explains that, as a representative
and leader of the Korana nation, a section of the Khoi and San people, she is averse to
forming or joining a political party. Hers is not a for-the-sake-of-it objection. I
understand her point perfectly. I read it to mean that, as a leader of a nation, she does
not want to be constrained by that kind of partisanship that comes with being a member
of a political party. That partisanship makes you ultimately answerable to the party.
Being free of those shackles will make Ms Revell directly answerable to her nation, not
to a political party. That is the choice she is making. In my book, it is a valid choice.
Surely, her example is not isolated. There must be many and varied other examples.
Subject to the Lavigne threshold, we cannot make light of them.
This must not be taken to mean the state is entitled to ride roughshod over
associational choices that are not sound. Even if not well founded, choices by an
individual may well define her or him. Unless the state can justify interference, even
Section 15(1) provides that “[e]veryone has the right to freedom of conscience, religion, thought, belief and
opinion”.
74
75
Ex Parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of
South Africa, 1996 [1996] ZACC 26; 1996 (4) SA 744 (CC); 1996 (10) BCLR 1253 (CC) (Certification judgment)
at para 186.
76
Id at para 185.
25
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