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South Africa Case Law

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Constitutional Law [2019] ZAWCHC 43

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18)

New Nation Movement PPC and Others v President of the Republic of South Africa and Others (17223/18) [2019] ZAWCHC 43; 2019 (5) SA 533 (WCC) (17 April 2019)

Court
Western Cape High Court, Cape Town
Case number
17223/18
Judge
Desai

The court held that Section 19(3)(b) of the Constitution does not expressly confer a right to stand for public office as an independent candidate at national or provincial level. The Constitution establishes a multi-party system and grants Parliament discretion to determine the electoral system, which currently operates on a party-list basis. The applicants' reliance on obiter dicta from My Vote Counts is misplaced, as those remarks are not binding and are contradicted by other Constitutional Court decisions. The absence of legislative facilitation for independent candidates does not render t…

Source excerpt

  • Political Rights
  • Electoral System
  • Independent Candidates
  • Section 19 Constitution
  • Party List System
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Constitutional Law [2012] ZAGPJHC 236

Majola v State President of the Republic of South Africa and Another (48541/2010)

Majola v State President of the Republic of South Africa and Another (48541/2010) [2012] ZAGPJHC 236 (30 October 2012)

Court
South Gauteng High Court, Johannesburg
Case number
48541/2010
Judge
Mokgoatlheng

The court held that the Constitution establishes a party-based electoral system for the National Assembly and Provincial Legislatures, as reflected in sections 46 and 105 and Annexure A of Schedule 6. The right to stand for public office under section 19(3)(b) is not violated by requiring candidates to be members of political parties, as the system chosen by the National Assembly satisfies the requirement of proportional representation. The applicant's arguments for a balancing of section 19 rights against the principle of proportional representation were rejected in favour of a harmonious re…

Source excerpt

  • Electoral System
  • Political Rights
  • Proportional Representation
  • Separation Of Powers
  • Constitutional Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.