Outa fights for independent candidates' right to stand for office

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The case was brought by the New Nation Movement NPC & others against the President of South Africa & others and concerns whether the Electoral Act should be declared unconstitutional for failing to provide for independent candidate to stand for office in provincial and national elections. The current electoral system provides that one must belong to a political party in order to stand for office.

Outa’s legal team made oral submissions to the Constitutional Court yesterday, 15 August 2019, in which it contended that that a failure to provide for candidates to stand for office independent of a political party places an unjustifiable limitation on the right to freedom of association. Citizens should not be compelled to associate with a political party in order to exercise their right to contest in provincial and national elections and to hold office.

Submissions were also made regarding the increased accountability that the inclusion of independent candidates will bring to the electoral system, as candidates will be directly responsible to those who voted them in, rather than to a party. As a foundational value of the Constitution, accountability must be considered by the Court when deciding whether citizens have the right to stand for office as independents.

Finally the Court was made aware that there are multiple electoral systems in which independent candidates can be included, including in our present proportional representation system.

The case is significant as it supports the reform of the electoral system to allow for public being able to hold their politicians to account.

Judgement has been reserved.