Independent Candidate Association South Africa NPC v President of the Republic of South Africa and Others (144/23) [2023] ZACC 41 (4 December 2023)

Jurisdiction
South Africa
Citation
Independent Candidate Association South Africa NPC v President of the Republic of South Africa and Others (144/23) [2023] ZACC 41 (4 December 2023)
Media Neutral Citation
[2023] ZACC 41
Hearing date
29 August 2023
Court
Constitutional Court of South Africa
Case number
144/23
Judges
Mhlantla J, Zondo CJ, Maya DCJ, Kollapen J, Mathopo J, Rogers J, Schippers JA, Theron J, Van Zyl AJ
Judgment date
4 December 2023
Language
English
Type
Judgment
Download
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Flynote

Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national elections does not infringe any of the fundamental rights in Chapter 2 of the Constitution
Right to stand for public office — Right to vote — Right to free and fair elections

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Cited documents 18

Judgment 16
  1. Albutt v Centre for the Study of Violence and Reconciliation and Others [2010] ZACC 4 (23 February 2010)
  2. August and Another v Electoral Commission and Others [1999] ZACC 3 (1 April 1999)
  3. Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14 (3 June 2009)
  4. Democratic Party v Minister of Home Affairs and Another [1999] ZACC 4 (13 April 1999)
  5. Ex Parte: Minister of Safety and Security and Others: In Re: S v Walters and Another [2002] ZACC 6 (21 May 2002)
  6. Kham and Others v Electoral Commission and Another [2015] ZACC 37 (30 November 2015)
  7. Minister of Home Affairs v National Institute for Crime Prevention and the Re-Integration of Offenders (NICRO) and Others [2004] ZACC 10 (3 March 2004)
  8. My Vote Counts NPC v Speaker of the National Assembly and Others [2015] ZACC 31 (30 September 2015)
  9. National Union of Metalworkers of South Africa v Trenstar (Pty) Limited [2023] ZACC 11 (18 April 2023)
  10. New Nation Movement NPC and Others v President of the Republic of South Africa and Others [2020] ZACC 11 (11 June 2020)
  11. New National Party v Government of Republic of South Africa and Others [1999] ZACC 5 (13 April 1999)
  12. Pharmaceutical Manufacturers Association of South Africa and Another: In re: Ex Parte: President of the Republic of South Africa and Others [2000] ZACC 1 (25 February 2000)
  13. Speaker of National Assembly and Others v New Nation Movement NPC and Others (Reasons) [2023] ZACC 12 (20 April 2023)
  14. United Democratic Movement v President of the Republic of South Africa and Others (African Christian Democratic Party and Others Intervening ; Institute for Democracy in South Africa and Another as Amici Curiae) (No 2) [2002] ZACC 21 (4 October 2002)
  15. Women's Legal Trust v President of the Republic of South Africa and Others [2009] ZACC 20 (22 July 2009)
  16. Zondi v MEC for Traditional and Local Government Affairs [2004] ZACC 19 (15 October 2004)
Legislation 2
  1. Electoral Amendment Act, 2023
  2. Electoral Commission Act, 1996

Documents citing this one 0