The Constitutional Court will deliver judgment on Monday on the case between Mmusi Maimane’s One Build South Africa (Bosa) and Independent Candidates Association SA (ICA) over the threshold for seats in the National Assembly and provincial legislatures.
The judgment of the Constitutional Court comes a few days after former President Thabo Mbeki raised concern about delays in the matter, saying political parties were concerned that this would impact the preparations for elections by the Electoral Commission of South Africa (IEC).
Mbeki had called for the elections to be held in August.
It is expected that the elections will be held early next year, but Mbeki had said delays in court processes could affect preparations for the polls.
The announcement by the apex court on Friday that judgment will be delivered on Monday on the application by Bosa and ICA came when Home Affairs Minister Aaron Motsoaledi was briefing the National Assembly’s portfolio committee on home affairs on the electoral reform panel.
The panel will look at the electoral system that South Africa will have to use in the 2029 elections.
Motsoaledi said this is one of the changes brought about by the Electoral Amendment Act.
The act, which allowed independent candidates to contest elections in Parliament and provincial legislatures, was signed into law by President Cyril Ramaphosa in April.
Motsoaledi said the act also calls on him to establish a panel that will look at electoral reform in South Africa.
“The functions of the panel are to independently investigate, consult on, report on, and make recommendations on potential reforms of the electoral system for the election of the national assembly and provincial legislatures in respect of elections to be held after the 2024 elections.
“The panel must, within 12 months after the 2024 elections, submit a report to the minister on the possible options for electoral reform for the election of the national assembly and provincial legislatures,” said Motsoaledi.
However, on the challenges to the Electoral Amendment Act by Bosa and ICA, the Constitutional Court heard the application in August.
Both Bosa and ICA believe the playing fields are not levelled in the electoral process between independent candidates and candidates for parties.
Politics
