MADLANGA J What this makes obligatory is allowing different political groups to organise and participate in elections, including fielding candidates. It in no way says only those political groups must do so. It says nothing about the exclusivity of multi-party representation. This approach is not unmindful of the special place enjoyed by section 1 of the Constitution, which contains the founding values of the Republic. In recognition of this special place, section 74(1) of the Constitution pitches the threshold for amending section 1 and section 74(1) itself at 75 per cent of members of the National Assembly and a supporting vote of at least six provinces. That is more than the two thirds majority for other constitutional amendments which must also be accompanied by a supporting vote of at least six provinces.97 That said, I repeat that nothing in the founding values contained in section 1(d) detracts from my approach. Sections 46(1)(a) and 105(1)(a) These sections respectively provide that the National Assembly and Provincial Legislatures consist of women and men elected in terms of an electoral system prescribed by national legislation. In support of what the High Court held, the Minister and the Electoral Commission submitted that the Electoral Act is the national legislation envisaged in these sections. I understand this to mean there is no cause for complaint; the Constitution says national legislation must prescribe, and national legislation has prescribed. The Electoral Commission added that, if Parliament could not even prescribe an exclusive party proportional representation system, it would be left with very little under the power conferred on it by sections 46(1)(a) and 105(1)(a). The first applicant argued that it can never be that the envisaged legislation could not be subject to constitutional curbs. What Parliament prescribes still has to be constitutionally valid. Yet again, I agree. For as long as section 2 of the Constitution, our supremacy clause, provides that the Constitution is the supreme law of the Republic 97 See section 74(2) and (3) of the Constitution. 34