MADLANGA J The Electoral Commission submitted that the system dealt with by section 157(2)(a) is expressly one which “provides for the election of members from lists of party candidates drawn up in a party’s order of preference”. (Emphasis added by the Electoral Commission.) This submission is correct. And part of it is a direct quote from section 157(2)(a). The Electoral Commission argues further that section 157(2)(a) is destructive of the applicants’ reliance on sections 18 and 19. These two sections, continues the submission, are silent on whether there is a right to run for office as an independent candidate. According to the Electoral Commission, that leaves the Court with two competing interpretations, namely— (a) despite the silence, sections 18 and 19 require an electoral system that affords independent candidates an opportunity to run for public office; and (b) the sections do not deal with that issue at all: “[t]hey leave the issue of the electoral system and whether it includes independent candidates to the operational provisions of the Constitution”. The Electoral Commission then submits that the applicants’ contention that sections 18 and 19(3)(b) afford independent candidates an opportunity to run for public office creates a fundamental, irreconcilable contradiction with section 157(2)(a). On the respondents’ interpretation that contradiction is avoided. For that reason alone, contends the Electoral Commission, the applicants’ interpretation must be rejected. The Speaker – despite having filed a notice to abide – filed written submissions in response to the supplementary directions.105 She made submissions that were to similar effect. She urged us to interpret sections 19(3)(b) and 157(2)(a) harmoniously, which is achievable through the respondents’ interpretation. CASAC submitted that the Constitution permits – but does not require – Parliament to provide for the election of independent candidates. The applicants’ contention to the contrary cannot be reconciled with section 157(2)(a), which allows an 105 As I indicated earlier, she also filed an affidavit in which she raised some arguments. 41

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