MADLANGA J
submissions. Therefore, OUTA is admitted as a second amicus. OUTA’s application
for the admission of the Van Zyl Slabbert and Motlanthe reports as evidence is
dismissed. Collectively, the reports before us total 120 pages. All that OUTA relies on
in the reports amounts to no more than a paltry five pages. There was absolutely no
reason why this Court and, indeed, the parties should be burdened with these
documents, let alone so close to the hearing.
Jurisdiction and leave to appeal
At the centre of this matter are two issues. The first is whether – in making
accessing political office possible only through membership of political parties – the
Electoral Act unjustifiably limits the right to freedom of association guaranteed in
section 18 of the Constitution. The second involves a determination of the content of
the right enshrined in section 19(3)(b) of the Constitution and whether the Electoral Act
unjustifiably limits that right. Obviously, both questions do engage this Court’s
constitutional jurisdiction.
As the discussion that follows will soon show, there are reasonable prospects of
success. Also, as our earlier judgment on the question of urgency observed, this matter
raises novel and far-reaching issues.20 Both issues are without doubt of import.
And, in the circumstances of this case, it makes no difference that leave is being
sought to appeal directly to this Court. Having postponed the matter in April 2019 and
not dismissed it outright on the basis that a direct appeal was not warranted, it would be
most unjust of us to send the parties back at this late stage to follow the usual appellate
hierarchy. The matter now cries out for a saving in time and costs.
It is in the interests of justice to grant leave to appeal directly to this Court.
20
New Nation Movement NPC above n 1 at para 1.
7
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