MADLANGA J
the right to stand for public office,112 at the same time it denied them that right.113 The
denial of the right consisted in the fact that under the two Schedules114 provision was
for the conduct of the first two elections only in terms of a party proportional
representation system.
I disagree. First, items 6(3)(a) and 11(1)(a) of Schedule 6 to the Constitution
make plain that the exclusive party proportional representation system was never meant
to last forever. The items are contained in “transitional arrangements” under the
Constitution. That immediately tells us that what these items provide for was part of a
passing constitutional phase. Second and relatedly, the items say, in so many words,
Schedule 2 to the interim Constitution, as amended by Annexure A to Schedule 6 to the
Constitution, was to apply to the first elections of the National Assembly and Provincial
Legislatures under the Constitution.
Thus what tension or “contradiction” came about as a result must be understood
in the context of that short-lived transitional arrangement. That tension or contradiction
lasted only up to the first elections under the Constitution. On the other hand, each right
in the Bill of Rights was meant to last for as long as there had not been a constitutional
amendment affecting it. Therefore, the Constitution must be read to have chosen to
sanction the disharmony, but only for a short while. Post that short while, nothing
would stand in the way of the exercise of such rights as may have been affected by the
tension.
Earlier I alluded to the fact that it is not unheard of that there will at times be
disharmony in constitutional provisions. What courts are called upon to do in those
circumstances is to interpret the provisions as harmoniously as possible. 115 To me, for
112
That guarantee – according to the applicants – being in the Bill of Rights.
113
The denial being in Schedule 2 to the interim Constitution and Schedule 6 (read with Annexure A to it) to the
Constitution.
114
Id.
115
See Doctors for Life above n 24 at para 48 and UDM I above n 21 at para 12.
45
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