Court bid to change electoral system

THE embattled New Nation Movement has called on President Cyril Ramaphosa to postpone elections pending the outcome of its court bid to change the country’s electoral system.

But it appears this is unlikely to happen before the elections on May 8.

Earlier this week, the movement’s court bid to declare the Electoral Act unconstitutional was dismissed by the Western Cape High Court.

The movement wants the government to amend the Act maintaining it excludes independent candidates to partake in the elections.

The applicants’ case was based on Section 19(3)(b) and reads: “Every citizen has the right to stand for public office and if elected, to hold office.”

The movement’s spokesperson Tshego Motaung said: “It would, therefore, be in the best interest of the nation to consider postponing the elections by three months to allow the case to be heard and if relief is granted a process to be implemented for independent candidates to stand for public office”.

The movement and about 10 other applicants have approached the Constitutional Court to appeal the matter.

The respondents to the matter are President Ramaphosa, the Department of Home Affairs, the Independent Electoral Commission of South Africa and the Speaker of the National Assembly.

Early this week Judge Siraj Desai said the electoral system could not be called unconstitutional because the system is a decision of Parliament and “once Parliament has made the choice, that choice is not unconstitutional”.

If ruled in the movement’s favour, the amendment will allow independent candidates to take part in the national and provincial elections.

Motaung said it was in the interest of justice that they be allowed time to conclude the matter with the court before South Africans head to the polls.

The Presidency could not be reached for comment.