MADLANGA J The Electoral Commission supports these submissions and adds sections 178(1)(h) and 193(5) of the Constitution to the equation. Section 178(1)(h) provides that the Judicial Service Commission must consist of six people designated by the National Assembly from amongst its members, at least three of whom must be members of opposition parties.100 In terms of section 193(4) the President appoints the Public Protector, the Auditor-General and members of the South African Human Rights Commission, the Commission for Gender Equality and the Electoral Commission. The people to be appointed to these positions must be recommended to the President by the National Assembly.101 In terms of section 193(5) the National Assembly recommends people nominated by its committee. This section also provides that the committee must proportionally be composed of members of all parties represented in the National Assembly. Based on all these sections – that is, including those relied upon by the Speaker – the Electoral Commission submits that if sections 18 and 19 truly conferred the right contended for by the applicants, the Constitution would have catered for independent members of Legislatures. That it does not do so “speaks volumes”. Ours is a constitutional order that puts a premium on the founding values contained in section 1 of the Constitution.102 One of those founding values implicitly denounces one party governance for South Africa and expressly decrees that the Republic is founded on the value of a multi-party system of democratic government. It is in this context that sections 57(2), 178(1)(h), 193(5) and 236 must be viewed. With that context in mind, their particular focus on political parties is understandable. This focus seeks to ensure that this founding value is attained. It is about strengthening multi-party democracy. I do not see it as negating the possibility of the participation of independents in the National Assembly and Provincial Legislatures. 100 That, of course, is in addition to other members whose membership is stipulated by the Constitution or members who are nominated (and then appointed by the President) or designated by a variety of bodies or functionaries in terms of paragraphs (a)-(g) and (i)-(k) of section 178(1) of the Constitution. 101 This too is in terms of section 193(4). 102 I explain this more fully above in [73]. 38