MADLANGA J
Background
The four applicants before us, New Nation Movement NPC, Ms Chantal Dawn
Revell, GRO and Indigenous First Nation Advocacy SA PBO,3 and another entity4
instituted an urgent application at the High Court in late 2018.5 Of the four respondents
they cited initially,6 only two opposed the application. The two were the Minister of
Home Affairs and the Electoral Commission. The President and the Speaker elected to
abide the Court’s decision both before the High Court and this Court. The Speaker
initially only filed explanatory affidavits in which she addressed a variety of issues.
Later, and in response to directions issued after this latest hearing in this Court, she filed
written submissions.
At issue in the urgent application was the question identified above.
An
argument advanced by all four applicants was that the Electoral Act is unconstitutional
for unjustifiably limiting the right to stand for public office and, if elected, to hold office
conferred by section 19(3)(b) of the Constitution.7
In addition, some applicants
submitted that the Electoral Act infringes their right to freedom of association protected
by section 18 of the Constitution.8
3
The first to fourth applicants, respectively.
4
This other entity was the Mediation Foundation for Peace and Justice NPC. It is not litigating in this Court.
5
New Nation Movement PPC and Others v President of the Republic of South Africa and Others 2019 (5) SA 533
(WCC) (High Court judgment).
6
The first to fourth respondents were, respectively, the President of the Republic of South Africa, Minister of
Home Affairs, Electoral Commission and Speaker of the National Assembly. It appears that later the Chairperson
of the National Council of Provinces was joined as the fifth respondent.
7
Section 19(3)(b) provides:
“Every adult citizen has the right—
...
(b) to stand for public office and, if elected, to hold office.”
8
The section provides that “[e]veryone has the right to freedom of association”.
4