Cape Argus

Electoral Act fight goes to Concourt

- MARY JANE MPHAHLELE

THE New Nation Movement has vowed to approach the Constituti­onal Court to declare the Electoral Act unconstitu­tional.

This after the Electoral Act excluded independen­t candidates from taking part in the national elections.

Recently Western Cape High Court Judge Siraj Desai dismissed the movement’s court applicatio­n.

Desai said the applicatio­n was dismissed without costs to the applicants.

“We will take the matter further, already our lawyers have prepared documents. We will have a leave to appeal applicatio­n that will go to the Concourt.

“The judge did not give reasons for his judgment, we will take this time to study the judgment.

“We will tomorrow call a press briefing (to) announce our next step,” New Nation Movement spokespers­on Tshego Motaung said.

If the court ruled in the movement’s favour, it would have opened the doors for independen­t candidates to take part in the national and provincial elections.

The Electoral Act, as it stands, only allows independen­t candidates to take part in local government elections.

There is also no legislatio­n to enable independen­t candidates to stand for election at a national and provincial level.

The Electoral Act, which regulates election laws requires citizens to be a member of a political party to hold a position in the National Assembly or provincial legislatur­e.

The IEC was a party to the court applicatio­n, and opposed it.

In responding papers, the IEC said the relief sought would cause disruption and uncertaint­y over the upcoming elections.

Chantal Revell, the second applicant, is a princess of the Korona Royal Household and vowed the matter would be taken to the Concourt.

Revell said they received support, and would be joined by 30 other applicants to take the matter further.

“This judgment was not unexpected, we expected this outcome today. We are ready to go to the Concourt, we are not leaving it here. “We will take further steps. “We are ready for a new South Africa, a righteous one.

“We are fed up with what is happening, with all the complaints, and seeing all the corruption in our beautiful country.

“There are 30 other applicants joining us in this plight.

“We are a nation of different people, it is not about colour or where you come from.

“We are South Africans who are saying we want a better South Africa.

“The courts are going to listen to us and we will not end here,” Revell said.

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