Neutral citation:
New Nation Movement NPC and Others v President of the
Republic of South Africa and Others [2020] ZACC 11
Coram:
Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J,
Mathopo AJ, Mhlantla J, Theron J and Victor AJ
Judgments:
Madlanga J (majority): [1] to [128]
Jafta J (concurring): [129] to [195]
Froneman J (dissenting): [196] to [233]
Heard on:
15 August 2019
Decided on:
11 June 2020
ORDER
On appeal from the High Court of South Africa, Western Cape Division, Cape Town:
1. Leave to appeal is granted.
2. The appeal is upheld.
3. The order of the High Court of South Africa, Western Cape Division,
Cape Town is set aside.
4. It is declared that the Electoral Act 73 of 1998 is unconstitutional to the
extent that it requires that adult citizens may be elected to the
National Assembly and Provincial Legislatures only through their
membership of political parties.
5. The declaration of unconstitutionality referred to in paragraph 4 is
prospective with effect from the date of this order, but its operation is
suspended for 24 months to afford Parliament an opportunity to remedy the
defect giving rise to the unconstitutionality.
6. The Minister of Home Affairs must pay the applicants’ costs in the
High Court and this Court, such costs to include the costs of two counsel.