MOGOENG CJ
[27]
The section highlights the right every citizen has to “make political choices”.
Choice is of its own a loaded concept. And much more is required of a choice-maker
if the choice to be made is political in character and affects important national
interests. The gravity of the choice is more pronounced in relation to the right of an
adult citizen to participate or vote in the elections for “any legislative body”. This is
because of the centrality of elections in the functioning, preservation and effectiveness
of our constitutional democracy.
[28]
To recruit members or supporters and campaign for a political party or a
political cause, information would be needed. To be able to distinguish one’s party or
cause from others would likewise require access to information about them. One also
needs to know more about one’s competitors to be able to appreciate their strengths,
expose their weaknesses or wrongdoing and magnify one’s strengths and make an
informed comparison between her presumably more progressive policies and
objectives and theirs.
[29]
Finally, the section addresses the fundamental right every adult citizen has “to
stand for public office and, if elected, to hold office”. Our Constitution does not itself
limit the enjoyment of this right to local government elections. The right to stand for
public office is tied up to the right to “vote in elections for any legislative body” that
is constitutionally established. Meaning, every adult citizen may in terms of the
Constitution stand as an independent candidate to be elected to municipalities,
Provincial Legislatures or the National Assembly. The enjoyment of this right is not
and has not been proscribed by the Constitution.
It is just not facilitated by
legislation. But that does not mean that the right is not available to be enjoyed by
whoever might have lost confidence in political parties. It does, in my view, remain
open to be exercised whenever so desired, regardless of whatever logistical constraints
might exist.
[30]
The issues before us must thus be addressed as they ought to apply to political
parties and independent candidates for any constitutionally-recognised legislative
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