- The Constitutional Court has ruled that the Electoral Act is unconstitutional
- Justice Mbuyiseli Madlanga handed down the judgment on Thursday
- The New Nation Movement has won its bid to allow an independent candidate to run for elections
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The Constitutional Court has declared the Electoral Act unconstitutional on Thursday morning.
Justice Mbuyiseli Madlanga handed down the judgment after the New Nation Movement sought to allow for an independent candidate to run for elections.
The group had challenged Electoral Act 73 of 1998, adamant that it infringes on the right to exercise individual political choices, News24 reported.
The New Nation Movement had called for the Electoral Act to allow for independent candidates to contest both provincial and national elections.
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Briefly.co.za gathered that Parliament has now been ordered to correct the Electoral Act. Handing down his judgment in the matter, Justice Madlanga commented that:
"I can conceive no reason that the limitation is justified. The Electoral Act is unconstitutional the appeal must succeed."
The deficiency in the Act does not allow for adult citizens to be elected to the national and provincial legislatures as independent candidates, something that the court ruled was not consistent with the constitution.
The judgment has been suspended for two years in order for Parliament to amend the legislation accordingly.
This is a developing story, more information will be provided as it becomes available.
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