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SOUTH AFRICA: Electoral law found unconstitutional

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This electoral law does not allow independent candidates to stand for election. The Constitutional Court finds it unconstitutional.

This decision could change the situation. South Africans wishing to run as candidates will now be able to run in national and provincial elections without needing the support of a party. Only members of political parties were allowed to run in the elections, the way to the polls is now open to independent candidates with this new decision of the Court.

Faced with all political-judicial scenarios, and according to analysts, South Africans no longer trust political parties and express their deception against them. The decline in voter turnout is a striking demonstration of this.

In the political ring, three traditional parties occupied the field: the historic party in power the ANC against the opposition parties namely the Democratic Alliance and the Fighters of Economic Freedom. The South African electorate accuses them of not having fulfilled all their electoral promises. Parliament has two years to amend the legislation.

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The Constitutional Court of South Africa is the highest court in South Africa. It was established in 1994 by the Interim Constitution of 1993 and confirmed by the 1996 Constitution. It consists of 11 judges, appointed for a non-renewable period of 12 years. Its first sessions were held in February 1995. Since February 2004, the Court has had its seat in Constitution Hill, Braamfontein, Johannesburg.


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