MADLANGA J “[o]nce Parliament has made [its] choice, [as it has done in the Electoral Act], that choice is not unconstitutional”.14 The High Court proceeded to deal with relevant jurisprudence. It held that its approach found support in Majola, a judgment of the then South Gauteng High Court.15 It placed strong reliance on a statement of the law in Ramakatsa.16 There this Court held that “[t]he Constitution itself obliges every citizen to exercise the franchise through a political party”.17 (Emphasis in the High Court judgment.) The High Court made the observation that the view expressed by Mogoeng CJ in My Vote Counts II, to the effect that in terms of the Constitution every adult citizen may stand as an independent candidate for election to any legislative sphere,18 was “quite patently obiter”.19 Some interlocutory matters Before us, the Council for the Advancement of the South African Constitution (CASAC) and the Organisation Undoing Tax Abuse (OUTA) applied to be admitted as amici curiae (friends of the Court). CASAC was admitted. OUTA’s application, which was late, was left for determination after the hearing. As part of its application, OUTA also sought the admission as evidence of reports by the Electoral Task Team of January 2003 (Van Zyl Slabbert Report) and the High Level Panel Report on the Assessment of Key Legislation and the Acceleration of Fundamental Change (Motlanthe Report). This application was instituted 14 days before the hearing. Although the explanation on why OUTA brought its application late borders on being thin, I lean towards admission. I do so especially because of the value of its 14 Id at paras 14-9. 15 Emperor Thembu (The Second) Votani Majola v State President of the Republic of South Africa 2012 JDR 2214 (GSJ). 16 Ramakatsa v Magashule [2012] ZACC 31; 2012 JDR 2203 (CC); 2013 (2) BCLR 202 (CC). 17 High Court judgment above n 5 at para 26, quoting Ramakatsa id at para 68. 18 My Vote Counts NPC v Minister of Justice and Correctional Services [2018] ZACC 17; 2018 (5) SA 380 (CC); 2018 (8) BCLR 893 (CC) at para 29. 19 High Court judgment above n 5 at para 23. This is in reference to My Vote Counts II id at para 29. 6

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