MOGOENG CJ
2.
Leave to appeal against the exclusion of the words “continuous and
systematic” from the High Court order is granted but the appeal is
dismissed.
3.
The Minister of Justice and Correctional Services must pay costs to My
Vote Counts NPC, including the costs of two counsel.
JUDGMENT
MOGOENG CJ (Zondo DCJ, Dlodlo AJ, Goliath AJ, Jafta J, Khampepe J,
Madlanga J, Petse AJ and Theron J concurring):
Introduction
[1]
A true and vibrant constitutional democracy owes its essence to the existence
of three functionally independent arms of the State – the Executive, Parliament and
the Judiciary.
That in turn assumes adherence to high ethical standards and
unwavering commitment to the affirmation or oath of office by a critical mass of
constitutional office-bearers.
[2]
Two of these arms are political in character or orientation. Consistent with this
reality, the architectural design of our constitutional democracy requires that leaders in
these arms first be elected by the populace1 before any of them, including the Head of
State, may be elected by fellow members in the different legislative bodies to become
a leading constitutional office-bearer.2
Here, the constitutionally-prescribed
instrumentalities for rising to public office are political parties and independent
1
This is done in terms of section 19 of the Constitution.
2
The President, Speaker and Deputy Speaker of the National Assembly, Chairperson and Deputy Chairpersons
of the National Council of Provinces, Speaker and Deputy Speaker of the Provincial Legislature and the Premier
are elected in terms of sections 86, 52, 64, 111 and 128 of the Constitution respectively read with Schedule 3 to
the Constitution. The Deputy President and Ministers must, in terms of section 91(3) of the Constitution
ordinarily be Members of the National Assembly and section 93 of the Constitution requires the same in relation
to Deputy Ministers.
2